HOW YOU INTERACT WITH OUR WEBSITE

(Revised 04/19/2019)

This Terms of Service Agreement (the “Agreement”) governs your use of this website: ‘www.mm1technologyfund.com’ (the “Website”), mm1TechnologyFund, Inc., (“mm1”).  This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. mm1, reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. mm1 will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. mm1, encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing it. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with mm1, for any other reason/purpose. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

1.  WEBSITE

Content; Intellectual Property; Third Party Links: In addition to making Product(s) available, this Website also offers information and marketing materials. To the extent that mm1 does create the content on this Website, such content is protected by intellectual property laws of the United States of America foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any provided links to third-party websites now, or in the future, are provided solely as a convenience to you. mm1 does not endorse the contents on any such third-party websites. mm1 is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website: mm1 is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from mm1 or the applicable third party (if third party content is at issue).

Posting (If Available): By posting, storing, or transmitting any content on the Website, you hereby grant mm1 a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. mm1 does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. mm1 is not liable for any damage or harm resulting from any posts by or interactions between users. mm1 reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content mm1 deems objectionable, inflammatory, discriminatory, liable, or whatever. 

2. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE IS  OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. mm1 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, mm1 MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES, IF APPLICABLE, ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

3.  LIMITATION OF LIABILITY

mm1 ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT FOR ANY BREACH OF THIS AGREEMENT IS LIMITED.

mm1 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR TO WIT  IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4.  INDEMNIFICATION

You will release, indemnify, defend and hold harmless mm1, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to mm1. When mm1 is threatened with suit or sued by a third party, mm1 may seek written assurances from you/yours concerning your promise to indemnify mm1.  Your failure to provide such assurances may be considered by mm1 to be a material breach of this Agreement. mm1 will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content with counsel of mm1’s choice at its expense. mm1 will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend mm1 against any claim, but you must receive mm1 prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.

5.  PRIVACY

mm1 believes strongly in protecting user privacy and providing you with notice of mm1’s use of data. Please refer to the mm1 Privacy Policy, incorporated by reference herein, that is posted on the Website.

6.  AGREEMENT TO BE BOUND

By using this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

7.  GENERAL

Force Majeure: mm1 will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation: mm1 may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and relevant activities to the Product(s).

Entire Agreement: This Agreement comprises the entire agreement between you and mm1 and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of mm1 to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.

Governing Law: United States of America. This Website originates from the United States. This Agreement will be governed by the laws of the State of Delaware without regard to its conflict of law principles to the contrary. Neither you nor mm1 will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Delaware. By using this Website you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: 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 Website or Product(s) or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Domestic Use: mm1 makes no representation that the Website are appropriate or available for use in locations outside the United States. Users who access the Website from outside the United States do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. mm1 may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

HOW WE PROTECT INFORMATION

No data transmissions over the Internet can be guaranteed 100 percent secure.

Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to mm1TechnologyFund, Inc., is done at your own risk. However, mm1TechnologyFund, Inc., uses website security measures consistent with current best practices to protect its website, email and any other proprietary information or assets it deems responsible to protect. These measures include technical, procedural, monitoring and tracking steps intended to safeguard data from misuse, unauthorized access or disclosure, loss, alteration or destruction.

We know there can be incidents of misuse or unauthorized incursions on our website. When an incident occurs, our goal is to move quickly to isolate the problem, keep those affected informed, and restore proper functionality to mitigate any inconvenience or loss of trust.

IMPORTANT TO KEEP IN MIND

mm1Technology Fund, Inc., (‘the Fund’) leverages alternative investment strategies and concepts; the form and execution of which, is proprietary to the Fund.

The term ‘Fund’ as used, may/may not be applicable to the company’s marketing/sales strategy and/or corporate mandate as disclosed via our website or as represented via any alternative form of distribution deemed appropriate.