Terms of Service
ALTURE FUNDS
TERMS OF SERVICE
Elevate Money, Inc. dba Alture Funds (“E.M,” “it” “we,” “us,” “our”) provides its services
(described below) to you through its website located at www.alturefunds.com (the “Site”) and
through corresponding mobile applications and related technology and services (collectively,
such services, including any new features and applications, and the Site, the “Service”),
subject to the following Terms of Service (as amended from time to time, the “Terms of
Service”). We reserve the right, at our sole discretion, to change or modify portions of these
Terms of Service at any time. If we do this, we will post the changes on this page and will
indicate at the top of this page the date these terms were last revised. We will also notify you,
either through the Service user interface, in an email notification or through other reasonable
means. Any such changes will become effective no earlier than fourteen (14) days after they
are posted, except that changes addressing new functions of the Service or changes made for
legal reasons will be effective immediately. Your continued use of the Service after the date
any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN
AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO
ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU
HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU
WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST E.M ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN
INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE
AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain services, you will be subject to any additional terms applicable
to such services that may be posted on the Service from time to time, including, without
limitation, our Privacy Policy (the “Privacy Policy”). All such terms are hereby incorporated by
reference into these Terms of Service.
Access and Use of the Service
Service Description: E.M provides online and mobile tools to assist potential
investors in accessing the investment class of private alternative investments. The Service
allows investors to diversify their portfolios with private market alternative investment
opportunities.
Your Registration Obligations: You may be required to register with E.M in order to
access and use certain features of the Service. If you choose to register for the Service, you
agree to provide and maintain true, accurate, current and complete information about yourself
as prompted by the Service’s registration form. Registration data and certain other
information about you are governed by the Privacy Policy. If you are under 18 years of age, you
are not authorized to use the Service, with or without registering.
Member Account, Password and Security: You are responsible for maintaining
the confidentiality of your password and account, if any, and are fully responsible for any
and all activities that occur under your password or account. You agree to (a) immediately
notify E.M of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each session when
accessing the Service. E.M will not be liable for any loss or2
damage arising from your failure to comply with this Section.
Modifications to Service: E.M reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You agree
that E.M will not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that E.M may
establish general practices and limits concerning use of the Service, including without
limitation the maximum period of time that data or other content will be retained by the
Service and the maximum storage space that will be allotted on E.M’s servers on your behalf.
You agree that E.M has no responsibility or liability for the deletion or failure to store any data
or other content maintained or uploaded by the Service. You acknowledge that E.M reserves
the right to terminate accounts that are inactive for an extended period of time. You further
acknowledge that E.M reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
Mobile Services: The Service includes, or in the future will include, certain services
that are available via a mobile device, including (i) the ability to monitor and make
adjustments to your investment portfolio, (ii) the ability to browse the Service from a mobile
device and (iii) the ability to access certain features through a mobile application downloaded
and installed on a mobile device (such application, the “Application”, and such services
collectively, the “Mobile Services”). To the extent you access the Service through a mobile
device, your wireless service carrier’s standard charges, data rates and other fees may apply.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or
restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In
the event you change or deactivate your mobile telephone number, you agree to promptly
update your E.M account information to ensure that your messages are not sent to the person
that acquires your old number.
License: Subject to the Terms of Service, E.M hereby grants to you a limited,
revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the
Application on one mobile device and (b) use the Application for your own personal use. For
clarity, the foregoing is not intended to prohibit you from installing the Application for
another device on which you also agreed to the Terms of Service. Each instance of the
Terms of Service that you agree to grants you the aforementioned rights in connection with
the installation and use of the Application on one device.
Open Source: The Application may contain or be provided together with open source
software. Each item of open source software is subject to its own applicable license terms,
which can be found in the Application documentation or the applicable help, notices, about or
source files. Copyrights to the open source software are held by the respective copyright
holders indicated therein.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information,
data, text, software, music, sound, photographs, graphics, messages or other materials
(“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or
otherwise use via the Service. The following are examples of the kind of content and/or use
that is illegal or prohibited by E.M. E.M reserves the right to investigate and take appropriate
legal action against anyone who, in E.M’s sole discretion, violates this provision, including
without limitation, removing the offending content from the Service, suspending or
terminating the account of such violators and reporting you to the law enforcement
authorities. You agree to not use the Service to:3
a)email or otherwise upload any content that (i) infringes any intellectual property or
other proprietary rights of any party; (ii) you do not have a right to upload under any
law or under contractual or fiduciary relationships; (iii) contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security risk to any person; or (v) is
unlawful, harmful, threatening, abusive, harassing,4
tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
b)interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; or
c)violate any applicable local, state, national or international law, or any regulations
having the force of law;
d)impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
e)further or promote any criminal activity or enterprise or provide instructional
information about illegal activities; or
f)obtain or attempt to access or otherwise obtain any materials or information
through any means not intentionally made available or provided for through the
Service.
Fees: There are fees associated with investments you may make through the Service.
Any such fees will be disclosed in the offering documents with respect to such investments or
otherwise on the Site.
Special Notice for International Use; Export Controls: Software available in
connection with the Service and the transmission of applicable data, if any, is subject to United
States export controls. No software may be downloaded from the Service or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the software is
at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all
local rules and laws regarding your use of the Service, including as it concerns online conduct
and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you
agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create
derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service. The Service is
for your personal use.
Electronic Transactions and Disclosures: Because E.M operates only on the
Internet, it is necessary for you to consent to transact business with us online and
electronically. As part of doing business with us and our affiliates (“Our Affiliates”), therefore,
we also need you to consent to our giving you certain disclosures electronically, either via our
Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree
to receive electronically all documents, communications, notices, contracts, and agreements
(including any IRS Forms, including Form 1099 and Schedule K-1) arising from or relating to
your use of the Site and Service, including arising from or relating to any shares you have
purchased (each, a “Disclosure”). An IRS Form refers to any Form 1099, Schedule K-1 or other
Form, Schedule or information statement, including corrections of such documents, required
to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may
be provided electronically (each, an “IRS Form”), provided that you consent to such electronic
delivery, as more fully described in the subscription document(s) applicable to you.
Electronic Communications: Any Disclosures will be provided to you electronically
through our Site or via electronic mail to the verified email address you provided. If you require
paper copies of such Disclosures, you may write to us at the mailing address provided below
and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any
Disclosure will not be considered a withdrawal of your consent to receive Disclosures
electronically. Any IRS Forms provided electronically will remain accessible for twelve months
following the end of the tax year to which the IRS Forms relate, or six months after the date of
issuance of the IRS Forms, whichever is later; after that time the IRS Forms may no longer be
accessible electronically. We may discontinue electronic provision of Disclosures at any time5
in our sole discretion, in which case we will provide you with paper copies.6
Scope of Consent: Your consent to receive Disclosures and transact business
electronically, and our agreement to do so, applies to any transactions to which such
Disclosures relate, whether between you and E.M or between you and Our Affiliates. Your
consent will remain in effect for so long as you are a User and, if you are no longer a User, will
continue until such a time as all Disclosures relevant to transactions that occurred while you
were a User have been made, subject to any special rules regarding consent to electronic
delivery of IRS Forms, as more fully described in the subscription document(s) applicable to
you.
Consenting to Do Business Electronically: Before you decide to do business
electronically with E.M or Our Affiliates, you should consider whether you have the required
hardware and software capabilities described below.
Hardware and Software Requirements: In order to access and retain Disclosures
electronically, you must satisfy the following computer hardware and software requirements:
access to the Internet; an email account and related software capable of receiving email
through the Internet; supported Web browsing software; and hardware capable of running this
software.
TCPA Consent: You expressly consent to receiving calls and messages, including
auto-dialed and pre-recorded message calls, and SMS messages (including text messages)
from us, Our Affiliates, agents and others calling at their request or on their behalf, at any
telephone numbers that you have provided or may provide in the future (including any cellular
telephone numbers). Your cellular or mobile telephone provider will charge you according to
the type of plan you carry.
Additional Mobile Technology Requirements: If you are accessing our Site and the
Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in
addition to the above requirements you must make sure that you have software on your
mobile device that allows you to print and save the Disclosures presented to you during the
application process. These applications can be found for most mobile devices in the device’s
respective “app store”. If you do not have these capabilities on your mobile device, please
access our Site through a device that provides these capabilities.
Withdrawing Consent: You may not withdraw such consent as long as you have
outstanding any investments made through the Site; provided, however, that you may
withdraw consent to receive electronic delivery of IRS Forms. If you have no outstanding
investments made through the Site and wish to withdraw consent to doing business
electronically, we will terminate your registered user account with us.
How to Contact Us regarding Electronic Disclosures: You can contact us via
email at info@alturefunds.com. You may also reach us in writing to us at the following address:
Alture Funds, 1600 Dove Street, Suite 840, Newport Beach, CA 92660.
You will keep us informed of any change in your email or home mailing address so that
you can continue to receive all Disclosures in a timely fashion. If your registered email address
changes, you must notify us of the change by sending an email to info@alturefunds.com. You
also agree to update your registered residence address and telephone number on the Site if
they change.
You will print a copy of this Agreement for your records and you agree and
acknowledge that you can access, receive and retain all Disclosures electronically sent via
email or posted on the Site.
Securities Offering Matters7
General. Notwithstanding anything to the contrary in these Terms of Service, in no
event shall anything in these Terms of Service be deemed to be a waiver, and we will not
assert there has been a waiver, that would not be permissible under the Securities Act of 1933,
as amended (the “Securities Act”), the Securities Exchange Act of 1934, as amended (the
“Exchange Act”) or any other applicable provision8
of federal and state securities laws.
Neither the U.S. Securities and Exchange Commission nor any state securities
commission or other regulatory authority has approved, passed upon or endorsed the merits
of any offering on this Site.
Persons who are resident outside of the United States are not allowed access to
investment opportunities on the Site. Our services (and certain pages of the Site) that relate to
the viewing of actual investment opportunities or to making investments in the securities
offered therein may not be used by any person or entity in any jurisdiction where the provision
or use thereof would be contrary to applicable laws, rules or regulations of any governmental
authority or where E.M is not authorized to provide such information or services.
Investment overviews on the Site contain summaries of the purpose and principal
business terms of the investment opportunities. Such summaries are intended for
informational purposes only and do not purport to be complete, and each is qualified in its
entirety by reference to the more detailed discussions contained in the disclosure documents
relating to such investment opportunity. The information contained in the Site has been
prepared by E.M without reference to any particular user’s investment requirements or
financial situation, and potential investors are encouraged to consult with professional tax,
legal and financial advisors before making any investment.
No Guarantee
PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS
OR HYPOTHETICAL PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE.
FURTHERMORE, PAST RETURNS MAY REFLECT THE PERFORMANCE OF ASSETS FOR A FINITE
TIME, OR DURING A PERIOD OF EXTREME MARKET ACTIVITY. ALL INVESTMENTS INVOLVE RISK
AND MAY RESULT IN PARTIAL OR TOTAL LOSS. There can be no assurance that any projected or
actual performance shown on the Site will lead to the expected results shown or perform in any
predictable manner. It should not be assumed that investors will experience returns in the
future, if any, comparable to those shown or that any or all investors on the Site experienced
such returns.
Securities Law Disclosures
You are urged to review our full disclosure and offering circulars with respect to the securities
offerings on the Site.
Third Party Distribution Channels
E.M intends to offer software applications that may be made available through the Apple App
Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you
obtain such software through a Distribution Channel, you may be subject to the additional
terms and conditions of the Distribution Channel. These Terms of Service are between you and
us only, and not with the Distribution Channel. To the extent that you utilize any other third-
party products and services in connection with your use of the Service, you agree to comply
with all applicable terms of any agreement for such third-party products and services.
With respect to software that is made available for your use in connection with an Apple-
branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions
set forth in these Terms of Service, the following terms and conditions apply:
E.M and you acknowledge that these Terms of Service are concluded between E.M and
you only, and not with Apple Inc. (“Apple”), and that as between E.M and Apple, E.M,
not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.9
You may not use the Apple-Enabled Software in any manner that is in violation of or
inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise
be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license
to use the Apple-Enabled Software on an iOS Product that you own or control, as
permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services
with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law.
In the event of any failure of the Apple-Enabled Software to conform to any applicable
warranty, you may notify Apple, and Apple may refund the purchase price for the
Apple-Enabled Software to you10
if any; and, to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to
any warranty, which will be E.M’s sole responsibility, to the extent it cannot be disclaimed under
applicable law.
E.M and you acknowledge that E.M, not Apple, is responsible for addressing any claims
of you or any third party relating to the Apple-Enabled Software or your possession
and/or use of that Apple-Enabled Software, including, but not limited to: (i) product
liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s
possession and use of that Apple-Enabled Software infringes that third party’s
intellectual property rights, as between E.M and Apple, E.M, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled
Software, they should be directed to E.M at info@alturefunds.com, 1600 Dove Street,
#840, Newport Beach, CA 92660
E.M and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and
that, upon your acceptance of the terms and conditions of these Terms of Service, Apple
will have the right (and will be deemed to have accepted the right) to enforce these Terms
of Service against you with respect to the Apple-Enabled Software as a third party
beneficiary thereof.
The following terms apply to you if you download our App for use on an Android product:
The Google Play marketplace is owned and operated by Google Inc. Your use of Google
Play is governed by a legal agreement between you and Google Inc. consisting of the
Google Terms of Service (currently found at https://policies.google.com/ terms/) and the
Google Play Terms of Service (currently found at
https://play.google.com/intl/en-US_us/about/play-terms.html). Google Play is a “Service” as
described in the Google Terms of Service. If there is any conflict between the Google Play
Terms of Service and the Google Terms of Service, the Google Play Terms of Service shall
prevail.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the
Service may contain content or features (“Service Content”) that are protected by copyright,
patent, trademark, trade secret or other proprietary rights and laws. Except as expressly
authorized by E.M, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Service Content, in whole or
in part, except that the foregoing does not apply to your own User Content (as defined below)
that you legally upload to the Service. In connection with your use of the Service you will not
engage in or use any data mining, robots, scraping or similar data gathering or extraction
methods. If you are blocked by E.M from accessing the Service (including by blocking your IP11
address), you agree not to implement any measures to circumvent such blocking (e.g., by
masking your IP address or using a proxy IP address). Any use of the Service or the Service
Content other than as specifically authorized herein is strictly prohibited. The technology and
software underlying the Service or distributed in connection therewith are the property of E.M,
Our Affiliates and our partners (“Software”).12
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer
any right in the Software. Any rights not expressly granted herein are reserved by E.M.
The E.M name and logos are trademarks and service marks of E.M (collectively the “E.M
Trademarks”). Other company, product, and service names and logos used and displayed via
the Service may be trademarks or service marks of their respective owners who may or may
not endorse or be affiliated with or connected to E.M. Nothing in this Terms of Service or the
Service should be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any of E.M Trademarks displayed on the Service, without our prior written
permission in each instance. All goodwill generated from the use of E.M Trademarks will inure
to our exclusive benefit.
Third Party Material: Under no circumstances will E.M be liable in any way for any
content or materials of any third parties (including users), including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind incurred as a result of
the use of any such content. You acknowledge that E.M does not pre-screen content, but that
E.M and its designees will have the right (but not the obligation) in their sole discretion to
refuse or remove any content that is available via the Service. Without limiting the foregoing,
E.M and its designees will have the right to remove any content that violates these Terms of
Service or is deemed by E.M, in its sole discretion, to be otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any content, including
any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content, data
or other materials you input or upload through the Service (collectively, “User Content”), you
represent and warrant that you own all right, title and interest in and to such User Content,
including, without limitation, all copyrights and rights of publicity contained therein. You
hereby grant and will grant E.M and its affiliated companies a nonexclusive, worldwide, royalty
free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, perform, distribute, store, modify and otherwise use your User Content in connection
with the operation of the Service, and the advertising, marketing and promotion thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
other information about the Service (“Submissions”), provided by you to E.M are non-
confidential and E.M will be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You acknowledge and agree that E.M may preserve content and may also disclose content if
required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws or government
requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates
the rights of third parties; or (d) protect the rights, property, or personal safety of E.M, its users
and the public. You understand that the technical processing and transmission of the Service,
including your content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and
resources on the Internet. E.M has no control over such sites and resources and E.M is not
responsible for and does not endorse such sites and resources. You further acknowledge and
agree that E.M will not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any content,
events, goods or services available on or through any such site or resource. Any dealings you13
have with third parties found while using the Service are between you and the third party, and
you agree that E.M is not liable for any loss or claim that you may have against any such third
party.
Indemnity and Release14
You agree to release, indemnify and hold E.M and its affiliates and their officers, employees,
directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages,
expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury
(including death) arising out of or relating to your use of the Service, any User Content, your
connection to the Service, your violation of these Terms of Service or your violation of any
rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or
hold harmless any Indemnitee from or against any liability, losses, damages or expenses
incurred as a result of any action or inaction of such Indemnitee. If you are a California
resident, you waive California Civil Code Section 1542, which says: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his settlement
with the debtor.” If you are a resident of another jurisdiction, you waive any comparable
statute or doctrine.
Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. E.M EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
E.M MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT E.M WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF E.M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE. IN NO EVENT WILL E.M’S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE INVESTED
WITH E.M IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
THE FOREGOING SECTIONS TITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE
INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF
APPLICABLE JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID
UNDER THE LAWS OF ANY STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE
VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.15
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY
AS IT AFFECTS YOUR RIGHTS.
a.Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as
the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or
may arise between you and E.M, whether arising out of or relating to this Terms of Service
(including any alleged breach thereof), the Service, any advertising, any aspect of the
relationship or transactions between us, shall be resolved exclusively through final and
binding arbitration, rather than a court, in accordance with the terms of this Arbitration
Agreement, except that you may assert individual claims in small claims court, if your claims
qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the
attention of federal, state, or local agencies, and such agencies can, if the law allows, seek
relief against us on your behalf. You agree that, by entering into this Terms of Service, you and
E.M are each waiving the right to a trial by jury or to participate in a class action. Your rights will
be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration Agreement.
b.Prohibition of Class and Representative Actions and Non-Individualized
Relief
YOU AND E.M AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER
ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH
YOU AND E.M AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR
JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY
PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE
RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE
ENFORCEABILITY OF THIS PROVISION.
c.Pre-Arbitration Dispute Resolution
E.M wishes to resolve disputes amicably and efficiently, and most customer concerns can be
resolved quickly and to the customer’s satisfaction by emailing customer support at
info@alturefunds.com. If such efforts prove unsuccessful, a party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice
to E.M should be sent to 1600 Dove Street, Suite 840, Newport Beach, CA 92660 (“Notice
Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set
forth the specific relief sought. If E.M and you do not resolve the claim within sixty (60)
calendar days after the Notice is received, you or E.M may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by E.M or you
shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any,
to which you or E.M is entitled.
d.Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American
Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer
Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.16
For information on the AAA, please visit its website, http://www.adr.org. Information about the
AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration
page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any
term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this
Arbitration Agreement will control unless the arbitrator determines that the17
application of the inconsistent Arbitration Agreement terms would not result in a
fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of
Service as a court would. All issues are for the arbitrator to decide, including, but not limited to,
issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Although arbitration proceedings are usually simpler and more streamlined than trials and
other judicial proceedings, the arbitrator can award the same damages and relief on an
individual basis that a court can award to an individual under the Terms of Service and
applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by
a court only for very limited reasons.
Unless E.M and you agree otherwise, any arbitration hearings will take place in Orange County,
CA. If the parties are unable to agree on a location, the determination shall be made by AAA. If
your claim is for $10,000 or less, E.M agrees that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or
by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to
explain the essential findings and conclusions on which the award is based.
e.Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”)
will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If
the value of the relief sought is $75,000 or less, at your request, E.M will pay all Arbitration
Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the
arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the
arbitrator otherwise determines for any reason that you should not be required to pay your
portion of the Arbitration Fees, E.M will pay your portion of such fees. In addition, if you
demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to
the costs of litigation, E.M will pay as much of the Arbitration Fees as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’
fees will be governed by the AAA Rules.
f.Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator,
will be strictly confidential for the benefit of all parties.
g.Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement
(other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-
Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such
term or provision with a term or provision that is valid and enforceable and that comes closest
to expressing the intention of the invalid or unenforceable term or provision, and this
Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides
that any of the provisions of subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the
entirety of this Arbitration Agreement shall be null and void, unless such provisions are
deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.
The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, E.M agrees that if it18
makes any future change to this Arbitration Agreement (other than a change to the Notice
Address) while you are a user of the Service, you may reject any such change by sending E.M
written notice within thirty (30) calendar days of the change to the Notice Address provided
above. By rejecting any future change, you are agreeing that you will arbitrate any dispute
between us in accordance with the language of this19
Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted
any subsequent changes to these Terms of Service).
i. Compliance with Federal Securities Laws
BY AGREEING TO BE SUBJECT TO THE ARBITRATION PROVISION CONTAINED IN THIS
AGREEMENT, INVESTORS WILL NOT BE DEEMED TO WAIVE E.M’S COMPLIANCE WITH THE
FEDERAL SECURITIES LAWS AND THE RULES AND REGULATIONS PROMULGATED
THEREUNDER.
Termination
You agree that E.M, in its sole discretion, may suspend or terminate your account (or any part
thereof) or use of the Service and remove and discard any content within the Service, for any
reason, including, without limitation, for lack of use or if E.M believes that you have violated or
acted inconsistently with the letter or spirit of these Terms of Service. Any suspected
fraudulent, abusive or illegal activity that may be grounds for termination of your use of
Service, may be referred to appropriate law enforcement authorities. E.M may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service under any
provision of this Terms of Service may be effected without prior notice, and acknowledge and
agree that E.M may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the Service. Further, you
agree that E.M will not be liable to you or any third party for any termination of your access to
the Service.
General
These Terms of Service constitute the entire agreement between you and E.M and govern your
use of the Service, superseding any prior agreements between you and E.M with respect to the
Service. You also may be subject to additional terms and conditions that may apply when you
use affiliate or third-party services, third-party content, or third-party software. These Terms of
Service will be governed by the laws of the State of Delaware without regard to its conflict of
law provisions. With respect to any disputes or claims not subject to arbitration, as set forth
above, you and E.M agree to submit to the personal and exclusive jurisdiction of (i) the United
States District Court for the Central District of California (Southern division), or (ii) solely to the
extent there is no applicable federal jurisdiction over such dispute or matter, in the Superior
Court for Orange County, California. The failure of E.M to exercise or enforce any right or
provision of these Terms of Service will not constitute a waiver of such right or provision. If any
provision of these Terms of Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these Terms of Service
remain in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or these Terms of
Service must be filed within one (1) year after such claim or cause of action arose or be forever
barred. A printed version of this agreement and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. You may not assign this Terms of
Service without the prior written consent of E.M, but E.M may assign or transfer this Terms of
Service, in whole or in part, without restriction. The section titles in these Terms of Service are
for convenience only and have no legal or contractual effect. Notices to you may be made via
either email or regular mail. The Service may also provide notices to you of changes to these
Terms of Service or other matters by displaying notices or links to notices generally on the
Service.
Your Privacy
Details of our Privacy Policy available at www.alturefunds.com. By using the Service, you
consent to our collection and use of personal data as outlined therein.
21 Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to
the following specific consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at
(916) 445-1254 or (800) 952-5210. You may contact us at Alture Funds, 1600 Dove Street,
Suite 480, Newport Beach, CA 92660.
Questions? Concerns? Suggestions?
Please contact us at info@alturefunds.com to report any violations of these Terms of
Service or to pose any questions regarding this Terms of Service or the Service.
TERMS OF SERVICE
Elevate Money, Inc. dba Alture Funds (“E.M,” “it” “we,” “us,” “our”) provides its services
(described below) to you through its website located at www.alturefunds.com (the “Site”) and
through corresponding mobile applications and related technology and services (collectively,
such services, including any new features and applications, and the Site, the “Service”),
subject to the following Terms of Service (as amended from time to time, the “Terms of
Service”). We reserve the right, at our sole discretion, to change or modify portions of these
Terms of Service at any time. If we do this, we will post the changes on this page and will
indicate at the top of this page the date these terms were last revised. We will also notify you,
either through the Service user interface, in an email notification or through other reasonable
means. Any such changes will become effective no earlier than fourteen (14) days after they
are posted, except that changes addressing new functions of the Service or changes made for
legal reasons will be effective immediately. Your continued use of the Service after the date
any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN
AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO
ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU
HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU
WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST E.M ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN
INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE
AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain services, you will be subject to any additional terms applicable
to such services that may be posted on the Service from time to time, including, without
limitation, our Privacy Policy (the “Privacy Policy”). All such terms are hereby incorporated by
reference into these Terms of Service.
Access and Use of the Service
Service Description: E.M provides online and mobile tools to assist potential
investors in accessing the investment class of private alternative investments. The Service
allows investors to diversify their portfolios with private market alternative investment
opportunities.
Your Registration Obligations: You may be required to register with E.M in order to
access and use certain features of the Service. If you choose to register for the Service, you
agree to provide and maintain true, accurate, current and complete information about yourself
as prompted by the Service’s registration form. Registration data and certain other
information about you are governed by the Privacy Policy. If you are under 18 years of age, you
are not authorized to use the Service, with or without registering.
Member Account, Password and Security: You are responsible for maintaining
the confidentiality of your password and account, if any, and are fully responsible for any
and all activities that occur under your password or account. You agree to (a) immediately
notify E.M of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each session when
accessing the Service. E.M will not be liable for any loss or2
damage arising from your failure to comply with this Section.
Modifications to Service: E.M reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You agree
that E.M will not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that E.M may
establish general practices and limits concerning use of the Service, including without
limitation the maximum period of time that data or other content will be retained by the
Service and the maximum storage space that will be allotted on E.M’s servers on your behalf.
You agree that E.M has no responsibility or liability for the deletion or failure to store any data
or other content maintained or uploaded by the Service. You acknowledge that E.M reserves
the right to terminate accounts that are inactive for an extended period of time. You further
acknowledge that E.M reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
Mobile Services: The Service includes, or in the future will include, certain services
that are available via a mobile device, including (i) the ability to monitor and make
adjustments to your investment portfolio, (ii) the ability to browse the Service from a mobile
device and (iii) the ability to access certain features through a mobile application downloaded
and installed on a mobile device (such application, the “Application”, and such services
collectively, the “Mobile Services”). To the extent you access the Service through a mobile
device, your wireless service carrier’s standard charges, data rates and other fees may apply.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or
restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In
the event you change or deactivate your mobile telephone number, you agree to promptly
update your E.M account information to ensure that your messages are not sent to the person
that acquires your old number.
License: Subject to the Terms of Service, E.M hereby grants to you a limited,
revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the
Application on one mobile device and (b) use the Application for your own personal use. For
clarity, the foregoing is not intended to prohibit you from installing the Application for
another device on which you also agreed to the Terms of Service. Each instance of the
Terms of Service that you agree to grants you the aforementioned rights in connection with
the installation and use of the Application on one device.
Open Source: The Application may contain or be provided together with open source
software. Each item of open source software is subject to its own applicable license terms,
which can be found in the Application documentation or the applicable help, notices, about or
source files. Copyrights to the open source software are held by the respective copyright
holders indicated therein.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information,
data, text, software, music, sound, photographs, graphics, messages or other materials
(“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or
otherwise use via the Service. The following are examples of the kind of content and/or use
that is illegal or prohibited by E.M. E.M reserves the right to investigate and take appropriate
legal action against anyone who, in E.M’s sole discretion, violates this provision, including
without limitation, removing the offending content from the Service, suspending or
terminating the account of such violators and reporting you to the law enforcement
authorities. You agree to not use the Service to:3
a)email or otherwise upload any content that (i) infringes any intellectual property or
other proprietary rights of any party; (ii) you do not have a right to upload under any
law or under contractual or fiduciary relationships; (iii) contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security risk to any person; or (v) is
unlawful, harmful, threatening, abusive, harassing,4
tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
b)interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; or
c)violate any applicable local, state, national or international law, or any regulations
having the force of law;
d)impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
e)further or promote any criminal activity or enterprise or provide instructional
information about illegal activities; or
f)obtain or attempt to access or otherwise obtain any materials or information
through any means not intentionally made available or provided for through the
Service.
Fees: There are fees associated with investments you may make through the Service.
Any such fees will be disclosed in the offering documents with respect to such investments or
otherwise on the Site.
Special Notice for International Use; Export Controls: Software available in
connection with the Service and the transmission of applicable data, if any, is subject to United
States export controls. No software may be downloaded from the Service or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the software is
at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all
local rules and laws regarding your use of the Service, including as it concerns online conduct
and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you
agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create
derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service. The Service is
for your personal use.
Electronic Transactions and Disclosures: Because E.M operates only on the
Internet, it is necessary for you to consent to transact business with us online and
electronically. As part of doing business with us and our affiliates (“Our Affiliates”), therefore,
we also need you to consent to our giving you certain disclosures electronically, either via our
Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree
to receive electronically all documents, communications, notices, contracts, and agreements
(including any IRS Forms, including Form 1099 and Schedule K-1) arising from or relating to
your use of the Site and Service, including arising from or relating to any shares you have
purchased (each, a “Disclosure”). An IRS Form refers to any Form 1099, Schedule K-1 or other
Form, Schedule or information statement, including corrections of such documents, required
to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may
be provided electronically (each, an “IRS Form”), provided that you consent to such electronic
delivery, as more fully described in the subscription document(s) applicable to you.
Electronic Communications: Any Disclosures will be provided to you electronically
through our Site or via electronic mail to the verified email address you provided. If you require
paper copies of such Disclosures, you may write to us at the mailing address provided below
and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any
Disclosure will not be considered a withdrawal of your consent to receive Disclosures
electronically. Any IRS Forms provided electronically will remain accessible for twelve months
following the end of the tax year to which the IRS Forms relate, or six months after the date of
issuance of the IRS Forms, whichever is later; after that time the IRS Forms may no longer be
accessible electronically. We may discontinue electronic provision of Disclosures at any time5
in our sole discretion, in which case we will provide you with paper copies.6
Scope of Consent: Your consent to receive Disclosures and transact business
electronically, and our agreement to do so, applies to any transactions to which such
Disclosures relate, whether between you and E.M or between you and Our Affiliates. Your
consent will remain in effect for so long as you are a User and, if you are no longer a User, will
continue until such a time as all Disclosures relevant to transactions that occurred while you
were a User have been made, subject to any special rules regarding consent to electronic
delivery of IRS Forms, as more fully described in the subscription document(s) applicable to
you.
Consenting to Do Business Electronically: Before you decide to do business
electronically with E.M or Our Affiliates, you should consider whether you have the required
hardware and software capabilities described below.
Hardware and Software Requirements: In order to access and retain Disclosures
electronically, you must satisfy the following computer hardware and software requirements:
access to the Internet; an email account and related software capable of receiving email
through the Internet; supported Web browsing software; and hardware capable of running this
software.
TCPA Consent: You expressly consent to receiving calls and messages, including
auto-dialed and pre-recorded message calls, and SMS messages (including text messages)
from us, Our Affiliates, agents and others calling at their request or on their behalf, at any
telephone numbers that you have provided or may provide in the future (including any cellular
telephone numbers). Your cellular or mobile telephone provider will charge you according to
the type of plan you carry.
Additional Mobile Technology Requirements: If you are accessing our Site and the
Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in
addition to the above requirements you must make sure that you have software on your
mobile device that allows you to print and save the Disclosures presented to you during the
application process. These applications can be found for most mobile devices in the device’s
respective “app store”. If you do not have these capabilities on your mobile device, please
access our Site through a device that provides these capabilities.
Withdrawing Consent: You may not withdraw such consent as long as you have
outstanding any investments made through the Site; provided, however, that you may
withdraw consent to receive electronic delivery of IRS Forms. If you have no outstanding
investments made through the Site and wish to withdraw consent to doing business
electronically, we will terminate your registered user account with us.
How to Contact Us regarding Electronic Disclosures: You can contact us via
email at info@alturefunds.com. You may also reach us in writing to us at the following address:
Alture Funds, 1600 Dove Street, Suite 840, Newport Beach, CA 92660.
You will keep us informed of any change in your email or home mailing address so that
you can continue to receive all Disclosures in a timely fashion. If your registered email address
changes, you must notify us of the change by sending an email to info@alturefunds.com. You
also agree to update your registered residence address and telephone number on the Site if
they change.
You will print a copy of this Agreement for your records and you agree and
acknowledge that you can access, receive and retain all Disclosures electronically sent via
email or posted on the Site.
Securities Offering Matters7
General. Notwithstanding anything to the contrary in these Terms of Service, in no
event shall anything in these Terms of Service be deemed to be a waiver, and we will not
assert there has been a waiver, that would not be permissible under the Securities Act of 1933,
as amended (the “Securities Act”), the Securities Exchange Act of 1934, as amended (the
“Exchange Act”) or any other applicable provision8
of federal and state securities laws.
Neither the U.S. Securities and Exchange Commission nor any state securities
commission or other regulatory authority has approved, passed upon or endorsed the merits
of any offering on this Site.
Persons who are resident outside of the United States are not allowed access to
investment opportunities on the Site. Our services (and certain pages of the Site) that relate to
the viewing of actual investment opportunities or to making investments in the securities
offered therein may not be used by any person or entity in any jurisdiction where the provision
or use thereof would be contrary to applicable laws, rules or regulations of any governmental
authority or where E.M is not authorized to provide such information or services.
Investment overviews on the Site contain summaries of the purpose and principal
business terms of the investment opportunities. Such summaries are intended for
informational purposes only and do not purport to be complete, and each is qualified in its
entirety by reference to the more detailed discussions contained in the disclosure documents
relating to such investment opportunity. The information contained in the Site has been
prepared by E.M without reference to any particular user’s investment requirements or
financial situation, and potential investors are encouraged to consult with professional tax,
legal and financial advisors before making any investment.
No Guarantee
PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS
OR HYPOTHETICAL PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE.
FURTHERMORE, PAST RETURNS MAY REFLECT THE PERFORMANCE OF ASSETS FOR A FINITE
TIME, OR DURING A PERIOD OF EXTREME MARKET ACTIVITY. ALL INVESTMENTS INVOLVE RISK
AND MAY RESULT IN PARTIAL OR TOTAL LOSS. There can be no assurance that any projected or
actual performance shown on the Site will lead to the expected results shown or perform in any
predictable manner. It should not be assumed that investors will experience returns in the
future, if any, comparable to those shown or that any or all investors on the Site experienced
such returns.
Securities Law Disclosures
You are urged to review our full disclosure and offering circulars with respect to the securities
offerings on the Site.
Third Party Distribution Channels
E.M intends to offer software applications that may be made available through the Apple App
Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you
obtain such software through a Distribution Channel, you may be subject to the additional
terms and conditions of the Distribution Channel. These Terms of Service are between you and
us only, and not with the Distribution Channel. To the extent that you utilize any other third-
party products and services in connection with your use of the Service, you agree to comply
with all applicable terms of any agreement for such third-party products and services.
With respect to software that is made available for your use in connection with an Apple-
branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions
set forth in these Terms of Service, the following terms and conditions apply:
E.M and you acknowledge that these Terms of Service are concluded between E.M and
you only, and not with Apple Inc. (“Apple”), and that as between E.M and Apple, E.M,
not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.9
You may not use the Apple-Enabled Software in any manner that is in violation of or
inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise
be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license
to use the Apple-Enabled Software on an iOS Product that you own or control, as
permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services
with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law.
In the event of any failure of the Apple-Enabled Software to conform to any applicable
warranty, you may notify Apple, and Apple may refund the purchase price for the
Apple-Enabled Software to you10
if any; and, to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to
any warranty, which will be E.M’s sole responsibility, to the extent it cannot be disclaimed under
applicable law.
E.M and you acknowledge that E.M, not Apple, is responsible for addressing any claims
of you or any third party relating to the Apple-Enabled Software or your possession
and/or use of that Apple-Enabled Software, including, but not limited to: (i) product
liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s
possession and use of that Apple-Enabled Software infringes that third party’s
intellectual property rights, as between E.M and Apple, E.M, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled
Software, they should be directed to E.M at info@alturefunds.com, 1600 Dove Street,
#840, Newport Beach, CA 92660
E.M and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and
that, upon your acceptance of the terms and conditions of these Terms of Service, Apple
will have the right (and will be deemed to have accepted the right) to enforce these Terms
of Service against you with respect to the Apple-Enabled Software as a third party
beneficiary thereof.
The following terms apply to you if you download our App for use on an Android product:
The Google Play marketplace is owned and operated by Google Inc. Your use of Google
Play is governed by a legal agreement between you and Google Inc. consisting of the
Google Terms of Service (currently found at https://policies.google.com/ terms/) and the
Google Play Terms of Service (currently found at
https://play.google.com/intl/en-US_us/about/play-terms.html). Google Play is a “Service” as
described in the Google Terms of Service. If there is any conflict between the Google Play
Terms of Service and the Google Terms of Service, the Google Play Terms of Service shall
prevail.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the
Service may contain content or features (“Service Content”) that are protected by copyright,
patent, trademark, trade secret or other proprietary rights and laws. Except as expressly
authorized by E.M, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Service Content, in whole or
in part, except that the foregoing does not apply to your own User Content (as defined below)
that you legally upload to the Service. In connection with your use of the Service you will not
engage in or use any data mining, robots, scraping or similar data gathering or extraction
methods. If you are blocked by E.M from accessing the Service (including by blocking your IP11
address), you agree not to implement any measures to circumvent such blocking (e.g., by
masking your IP address or using a proxy IP address). Any use of the Service or the Service
Content other than as specifically authorized herein is strictly prohibited. The technology and
software underlying the Service or distributed in connection therewith are the property of E.M,
Our Affiliates and our partners (“Software”).12
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer
any right in the Software. Any rights not expressly granted herein are reserved by E.M.
The E.M name and logos are trademarks and service marks of E.M (collectively the “E.M
Trademarks”). Other company, product, and service names and logos used and displayed via
the Service may be trademarks or service marks of their respective owners who may or may
not endorse or be affiliated with or connected to E.M. Nothing in this Terms of Service or the
Service should be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any of E.M Trademarks displayed on the Service, without our prior written
permission in each instance. All goodwill generated from the use of E.M Trademarks will inure
to our exclusive benefit.
Third Party Material: Under no circumstances will E.M be liable in any way for any
content or materials of any third parties (including users), including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind incurred as a result of
the use of any such content. You acknowledge that E.M does not pre-screen content, but that
E.M and its designees will have the right (but not the obligation) in their sole discretion to
refuse or remove any content that is available via the Service. Without limiting the foregoing,
E.M and its designees will have the right to remove any content that violates these Terms of
Service or is deemed by E.M, in its sole discretion, to be otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any content, including
any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content, data
or other materials you input or upload through the Service (collectively, “User Content”), you
represent and warrant that you own all right, title and interest in and to such User Content,
including, without limitation, all copyrights and rights of publicity contained therein. You
hereby grant and will grant E.M and its affiliated companies a nonexclusive, worldwide, royalty
free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, perform, distribute, store, modify and otherwise use your User Content in connection
with the operation of the Service, and the advertising, marketing and promotion thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
other information about the Service (“Submissions”), provided by you to E.M are non-
confidential and E.M will be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You acknowledge and agree that E.M may preserve content and may also disclose content if
required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws or government
requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates
the rights of third parties; or (d) protect the rights, property, or personal safety of E.M, its users
and the public. You understand that the technical processing and transmission of the Service,
including your content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and
resources on the Internet. E.M has no control over such sites and resources and E.M is not
responsible for and does not endorse such sites and resources. You further acknowledge and
agree that E.M will not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any content,
events, goods or services available on or through any such site or resource. Any dealings you13
have with third parties found while using the Service are between you and the third party, and
you agree that E.M is not liable for any loss or claim that you may have against any such third
party.
Indemnity and Release14
You agree to release, indemnify and hold E.M and its affiliates and their officers, employees,
directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages,
expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury
(including death) arising out of or relating to your use of the Service, any User Content, your
connection to the Service, your violation of these Terms of Service or your violation of any
rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or
hold harmless any Indemnitee from or against any liability, losses, damages or expenses
incurred as a result of any action or inaction of such Indemnitee. If you are a California
resident, you waive California Civil Code Section 1542, which says: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his settlement
with the debtor.” If you are a resident of another jurisdiction, you waive any comparable
statute or doctrine.
Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. E.M EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
E.M MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT E.M WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF E.M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE. IN NO EVENT WILL E.M’S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE INVESTED
WITH E.M IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
THE FOREGOING SECTIONS TITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE
INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF
APPLICABLE JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID
UNDER THE LAWS OF ANY STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE
VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.15
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY
AS IT AFFECTS YOUR RIGHTS.
a.Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as
the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or
may arise between you and E.M, whether arising out of or relating to this Terms of Service
(including any alleged breach thereof), the Service, any advertising, any aspect of the
relationship or transactions between us, shall be resolved exclusively through final and
binding arbitration, rather than a court, in accordance with the terms of this Arbitration
Agreement, except that you may assert individual claims in small claims court, if your claims
qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the
attention of federal, state, or local agencies, and such agencies can, if the law allows, seek
relief against us on your behalf. You agree that, by entering into this Terms of Service, you and
E.M are each waiving the right to a trial by jury or to participate in a class action. Your rights will
be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration Agreement.
b.Prohibition of Class and Representative Actions and Non-Individualized
Relief
YOU AND E.M AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER
ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH
YOU AND E.M AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR
JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY
PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE
RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE
ENFORCEABILITY OF THIS PROVISION.
c.Pre-Arbitration Dispute Resolution
E.M wishes to resolve disputes amicably and efficiently, and most customer concerns can be
resolved quickly and to the customer’s satisfaction by emailing customer support at
info@alturefunds.com. If such efforts prove unsuccessful, a party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice
to E.M should be sent to 1600 Dove Street, Suite 840, Newport Beach, CA 92660 (“Notice
Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set
forth the specific relief sought. If E.M and you do not resolve the claim within sixty (60)
calendar days after the Notice is received, you or E.M may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by E.M or you
shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any,
to which you or E.M is entitled.
d.Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American
Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer
Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.16
For information on the AAA, please visit its website, http://www.adr.org. Information about the
AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration
page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any
term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this
Arbitration Agreement will control unless the arbitrator determines that the17
application of the inconsistent Arbitration Agreement terms would not result in a
fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of
Service as a court would. All issues are for the arbitrator to decide, including, but not limited to,
issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Although arbitration proceedings are usually simpler and more streamlined than trials and
other judicial proceedings, the arbitrator can award the same damages and relief on an
individual basis that a court can award to an individual under the Terms of Service and
applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by
a court only for very limited reasons.
Unless E.M and you agree otherwise, any arbitration hearings will take place in Orange County,
CA. If the parties are unable to agree on a location, the determination shall be made by AAA. If
your claim is for $10,000 or less, E.M agrees that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or
by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to
explain the essential findings and conclusions on which the award is based.
e.Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”)
will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If
the value of the relief sought is $75,000 or less, at your request, E.M will pay all Arbitration
Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the
arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the
arbitrator otherwise determines for any reason that you should not be required to pay your
portion of the Arbitration Fees, E.M will pay your portion of such fees. In addition, if you
demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to
the costs of litigation, E.M will pay as much of the Arbitration Fees as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’
fees will be governed by the AAA Rules.
f.Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator,
will be strictly confidential for the benefit of all parties.
g.Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement
(other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-
Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such
term or provision with a term or provision that is valid and enforceable and that comes closest
to expressing the intention of the invalid or unenforceable term or provision, and this
Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides
that any of the provisions of subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the
entirety of this Arbitration Agreement shall be null and void, unless such provisions are
deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.
The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, E.M agrees that if it18
makes any future change to this Arbitration Agreement (other than a change to the Notice
Address) while you are a user of the Service, you may reject any such change by sending E.M
written notice within thirty (30) calendar days of the change to the Notice Address provided
above. By rejecting any future change, you are agreeing that you will arbitrate any dispute
between us in accordance with the language of this19
Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted
any subsequent changes to these Terms of Service).
i. Compliance with Federal Securities Laws
BY AGREEING TO BE SUBJECT TO THE ARBITRATION PROVISION CONTAINED IN THIS
AGREEMENT, INVESTORS WILL NOT BE DEEMED TO WAIVE E.M’S COMPLIANCE WITH THE
FEDERAL SECURITIES LAWS AND THE RULES AND REGULATIONS PROMULGATED
THEREUNDER.
Termination
You agree that E.M, in its sole discretion, may suspend or terminate your account (or any part
thereof) or use of the Service and remove and discard any content within the Service, for any
reason, including, without limitation, for lack of use or if E.M believes that you have violated or
acted inconsistently with the letter or spirit of these Terms of Service. Any suspected
fraudulent, abusive or illegal activity that may be grounds for termination of your use of
Service, may be referred to appropriate law enforcement authorities. E.M may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service under any
provision of this Terms of Service may be effected without prior notice, and acknowledge and
agree that E.M may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the Service. Further, you
agree that E.M will not be liable to you or any third party for any termination of your access to
the Service.
General
These Terms of Service constitute the entire agreement between you and E.M and govern your
use of the Service, superseding any prior agreements between you and E.M with respect to the
Service. You also may be subject to additional terms and conditions that may apply when you
use affiliate or third-party services, third-party content, or third-party software. These Terms of
Service will be governed by the laws of the State of Delaware without regard to its conflict of
law provisions. With respect to any disputes or claims not subject to arbitration, as set forth
above, you and E.M agree to submit to the personal and exclusive jurisdiction of (i) the United
States District Court for the Central District of California (Southern division), or (ii) solely to the
extent there is no applicable federal jurisdiction over such dispute or matter, in the Superior
Court for Orange County, California. The failure of E.M to exercise or enforce any right or
provision of these Terms of Service will not constitute a waiver of such right or provision. If any
provision of these Terms of Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these Terms of Service
remain in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or these Terms of
Service must be filed within one (1) year after such claim or cause of action arose or be forever
barred. A printed version of this agreement and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. You may not assign this Terms of
Service without the prior written consent of E.M, but E.M may assign or transfer this Terms of
Service, in whole or in part, without restriction. The section titles in these Terms of Service are
for convenience only and have no legal or contractual effect. Notices to you may be made via
either email or regular mail. The Service may also provide notices to you of changes to these
Terms of Service or other matters by displaying notices or links to notices generally on the
Service.
Your Privacy
Details of our Privacy Policy available at www.alturefunds.com. By using the Service, you
consent to our collection and use of personal data as outlined therein.
21 Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to
the following specific consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at
(916) 445-1254 or (800) 952-5210. You may contact us at Alture Funds, 1600 Dove Street,
Suite 480, Newport Beach, CA 92660.
Questions? Concerns? Suggestions?
Please contact us at info@alturefunds.com to report any violations of these Terms of
Service or to pose any questions regarding this Terms of Service or the Service.