Terms of Use

Overview

Gemini Fund Services, LLC, Gemini  Hedge Fund Services, LLC and Gemini Alternative Funds, LLC, (collectively, the “Gemini Companies”) have over 30 years of experience in providing comprehensive pooled investment solutions to independent advisors and the investment community. The Gemini Companies’ services include helping clients bring their own investment vehicles to market and providing full-servicing of mutual funds, hedge funds, exchange-traded funds and other pooled investment products, including distribution services. The Gemini Companies also offer a Managed Account Platform and are a structured product platform sponsor. While meeting the requirements of investors and regulatory bodies, the Gemini Companies offer operational services, which include transparency, uniform operational setup, risk/guideline management and liquidity enhancements. The Gemini Companies’ website is provided as a convenient method to disseminate general information pertaining to its services as well as provide access to additional information and services provided by the Gemini Companies. No part of this website may be reproduced in any manner without the express written permission of the Gemini Companies. Your use of this website is subject to the following Terms and Conditions of Use (“Terms and Conditions”).


Terms and Conditions of Use

These Terms and Conditions are a binding contract between you and the Gemini Companies. By using or accessing this website, you accept and agree to be bound by these Terms and Conditions. Your use of the website is governed by the version of the Terms and Conditions in effect on the date in which this site is accessed by you. The Gemini Companies may modify these Terms and Conditions at any time and without prior notice. You should review these Terms and Conditions from time to time, as your continued use of this site signifies your acceptance of any changes.

Information contained on this website is derived from sources believed to be reliable. However, the Gemini Companies do not represent that this information is complete or accurate and it should not be relied upon as such. All opinions expressed herein are subject to change without notice. The Gemini Companies do not provide accounting, legal or tax advice and no portion of the Gemini Companies’ website should be interpreted as such. All content on the Gemini Companies’ website is presented only as of the date published or indicated, and may be superseded at any time. All content included on this site is the property of the Gemini Companies and is protected by United States copyright laws. All trademarks and service marks on the Gemini Companies’ website belong to the Gemini Companies or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners. Accordingly, you may not copy, distribute, modify, post or frame-in this site, including any text, logos, graphics, video, audio, software code or user interface design without the express written consent of the Gemini Companies. This website and included materials do not constitute an offer to sell, an offer to buy, recommendation to buy or representation as to the suitability or appropriateness of any security, financial product or instrument.


Indemnification

As a condition of your use of the Gemini Companies’ website, to the extent permitted by law, you agree to indemnify and hold the Gemini Companies and its third-party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Gemini Companies’ website, or from your violation of these Terms and Conditions.


Limitation of Liability

THE GEMINI COMPANIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE GEMINI COMPANIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE GEMINI COMPANIES’ WEBSITE AND ANY THIRD-PARTY CONTENT.


Force Majeure

The Gemini Companies will not be liable for failure or losses caused by conditions and events beyond its control including, without limitation: fire, electrical, mechanical or equipment breakdowns, delays by third-party vendors and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of governmental authority or new governmental restrictions, market fluctuations or acts of God.


Links to Third-Party Websites

This website may contain links to third-party websites. Any links to such third-party websites are provided solely as a convenience to you and not as an endorsement by the Gemini Companies of the content on such third-party websites, or any affiliation or association with its operators. The Gemini Companies are not responsible for the content of linked third-party sites, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site, and do not make any representations regarding the information, services, products or accuracy of any material contained on such third-party websites.


Changes to the Website

The Gemini Companies may terminate your access to the Gemini Companies’ website or discontinue or modify the Gemini Companies’ website at any time without prior notice to you. Your continued use of the Gemini Companies’ website following any such modification will constitute acknowledgement of your acceptance of said modifications.


Governing Law

Except as otherwise required by law, the Terms and Conditions of use for this website are governed by the laws of the state of Nebraska without regard to conflicts of law, and shall inure to the benefit of Gemini’s successors and assigns, whether by merger, consolidation, or otherwise.