Terms of use

Effective Date: January 7, 2020

Welcome to the Winvest Investment Fund (“Winvest,” “we,” “us,” or “our”) website, (https://www.investinahedgefund.com) (the “Site“). These Terms of Use (“Terms”) are a legal agreement between you, a user of the site (“you” or “your”), and Winvest that governs your use of the Site, including all related webpages, and downloadable materials, information, photos, or other documentation (“Content”) that appears on the Site. Your access to the Site is conditioned upon your acceptance of these Terms and our Privacy Policy, which is incorporated into these Terms by this reference. Please read our Terms of Use and Privacy Policy carefully. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE.

1. Privacy Policy
Please review our Privacy Policy, which is part of these Terms of Use and describes how we handle any personally identifying information about Site users. By accessing, browsing, or using the Site, you expressly consent to the collection, use, storage, processing, and disclosure of your information, including personally identifiable information, as described in our Privacy Policy.

2. User discussion policy
The Site maintains a User Discussion section to provide a forum for sharing opinions and information regarding the material posted on the Site. All statements, photos, videos, materials, or other User Content posted by contributors reflects the views of the individual contributors and does not reflect the views of Winvest. Winvest takes no responsibility and assumes no liability for any User Content posted by you or any third party.

We encourage respectful, constructive dialogue and reserve the right to remove posts that are offensive, act as advertisements, or attempt to solicit funds. We also may remove identical or substantially similar comments that are posted more than once, including those posted for the purpose of monopolizing the discussion.

3. Email address submission; Annual Letter
The Site may allow you the option to provide your email address to us in order to receive certain communications from us, including, but not limited to, occasional updates and our Annual Letter. Any email communication you receive from us will include an unsubscribe link that will allow you to opt-out of receiving future emails.

4. User-generated content
The Site may permit you to publicly post content, such as comments, videos, photos, a profile photo, a biography “blurb,” or other materials under your Account or as a visitor to the User Discussion sections of the Site (“User Content”). Winvest does not control or endorse and is not responsible or liable for User Content. If you post any User Content to the Site, you grant the fund and all members of the public who may access publicly-available User Content on the Site a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content throughout the world in any media, and the right to use and display the name that you submit in connection with such User Content. By posting User Content, you represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate any law or this policy and will not cause injury to any person or entity. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights. You are solely responsible for all User Content you provide to Winvest or make available through the Site.

5. Copyright
Winvest owns or licenses the copyright in all the materials on the Site, including text, photographs, graphics, logos, button icons, audio, video and software, and those rights are protected by United States and international copyright laws and other intellectual property laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement, below.

6. Permitted distribution
You may copy or distribute the materials and Content that appears on the Site only for non-commercial purposes; specifically, your personal research, teaching and learning and other similar purposes regarding educational, health care, environmental, economic, technology, social and political issues. You may not use the Site materials or Content for any commercial purpose or in any manner that disparages or discredits any person. All distributed copies must display the following copyright notice: Copyright The Winvest Investment Fund, LLC. Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.

7. Copyright infringement – notification requirements
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act.

8. Links, frames, and metatags
You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates our Site’s contents without our express written consent.

9. Links to other websites
The Site contains links to other websites that we think may be of interest to you. We do not endorse or sponsor any third party websites or the information, products, or services contained on any third party websites and we have no control over third party websites or their content. Remember that when you link to or share Content on another website, that other website is governed by its own user agreement and privacy statement, which you should be sure to read. Access to and use of any third party website is solely at your own risk.

10. Site availability and support
You may access the Site if and when it is available. We do not guarantee availability of the Site or of materials on the Site. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. We have no obligation to provide support in relation to the Site or Content.

11. Disclaimer of warranties
To the maximum extent permitted by applicable law, the site, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “as is,” “with all faults,” and “as available” and the entire risk of use and performance remains with you. We do not make any representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any and all warranties with respect to the site. In particular, we make no warranty that the site or content: (a) will meet your requirements; (b) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, complete, or reliable, or (d) will be free from viruses, worms, or other harmful or malicious components. Nor do we warrant that any defects or errors on the site or content will be corrected. We do not assume any liability relating to delays or interruptions attributable to third party failures beyond our control. The site and all content or materials you download or obtain from the site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.

12. Disclaimer of certain damages
To the maximum extent permitted by applicable law, in no event will we be liable for any consequential, special, incidental, indirect, or punitive damages of any kind, whether foreseeable or not, arising out of or in any way connected with the site or these terms, even if we have been advised of the possibility of such damages.

13. Limitation of liability and exclusive remedies
To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under sections 12 or 13, our maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these terms or the site shall be limited to five dollars ($5.00). The existence of multiple claims or suits under or related to these terms or the site will not enlarge or extend the limitation of money damages.

14. Independent remedies
The exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12, 13, and 14 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

15. Notice on potential limits of sections 12, 13, and 14
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 12, 13, or 14 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in one or more of those Sections may not apply to you.

16. Indemnification
You hereby agree to defend, indemnify, and hold the the fund, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or applicable law.

17. Notices
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to us.

18. Changes to these Terms
We reserve the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. The updated Terms will govern your use of the Site as of the “Effective Date” date indicated at the top of these Terms. If you do not agree to the updated Terms, you should stop using the Site. Your use of the Site after the updated version of these Terms is posted will constitute your acceptance of the updated Terms.

19. Termination
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including for your violation of the User Discussion Policy, these Terms, or our Privacy Policy. The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination. You may permanently delete your Account by contacting us.

20. Governing law and exclusive jurisdiction and venue
These Terms and your use of the Site is governed by the laws of the State of Washington applicable to contracts made and performed there, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, Content, or the Site will reside in the State and Federal Courts of King County, Washington.

21. International use
Winvest’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Winvest or its affiliates to any registration requirement within such jurisdiction or country.

22. General
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in the Site. If, at any time, we fail to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by us. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and the fund with respect to the Site. Both you and Winvest warrant to each other that, in entering these Terms, neither you nor the fund have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Winvest or Winvest’s successors and assigns, will have any right to enforce any of these Terms. You and the fund agree that any cause of action arising out of or related to the site or site materials must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

23. Comments and questions
If you have any questions, comments or concerns about the Site, including materials appearing on the Site, please contact us by going to the “Send an email” link at the bottom of our home page (under “Contact”) and using the form located there.

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