Welcome to Zenith Fund ("Zenith," "we," "our," or "us"). These Terms of Service (the "Terms") govern your access to and use of the Zenith Fund website, investor portal, data room, communications, reports, presentations, subscription materials, and related services (collectively, the "Services").
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are acting on behalf of an organization, family office, advisory firm, or other entity, you represent that you have authority to bind such entity to these Terms.
If you do not agree to these Terms, you must discontinue use of the Services immediately.
Eligibility
The Services are intended solely for individuals who are at least eighteen (18) years of age and who are legally permitted to review investment-related materials in their jurisdiction.
Certain portions of the Services, including the investor portal and data room, may be restricted to qualified investors, accredited investors, qualified purchasers, professional investors, financial intermediaries, or other eligible persons as determined by Zenith.
Access to any materials does not constitute acceptance into the fund or eligibility to invest.
Changes to These Terms
Zenith reserves the right to modify these Terms at any time.
Changes become effective immediately upon posting. Continued use of the Services following any modification constitutes acceptance of the revised Terms.
Use of Services
Zenith grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful informational and due diligence purposes.
You may not use the Services in any manner that could impair their operation, security, integrity, or availability.
All rights not expressly granted are reserved by Zenith.
Acceptable Use
You agree not to: (a) violate any applicable law or regulation; (b) interfere with the operation or security of the Services; (c) upload malicious software or harmful code; (d) copy, scrape, harvest, reproduce, or distribute content without authorization; (e) attempt to gain unauthorized access to any restricted areas of the Services; and (f) misrepresent your identity, investor status, or affiliation.
Zenith reserves the right to suspend or terminate access for violations of these Terms.
Investor Information and Submissions
Information submitted through inquiry forms, investor questionnaires, subscription materials, diligence requests, or other communications remains your responsibility.
You represent that all information provided to Zenith is accurate, complete, and not misleading.
Zenith may use submitted information for investor qualification, due diligence, compliance, onboarding, regulatory obligations, and fund administration purposes.
Confidentiality
Materials contained within the Services, including those available through the investor portal or data room, may contain confidential, proprietary, and non-public information.
You agree not to copy, distribute, disclose, publish, or otherwise share any confidential materials without Zenith's prior written consent.
Unauthorized distribution of confidential materials may result in termination of access and other remedies available under applicable law.
Intellectual Property
All content made available through the Services, including presentations, reports, analyses, graphics, branding, documentation, website content, and investment materials, is owned by Zenith or its licensors and is protected by applicable intellectual property laws.
No content may be reproduced, modified, distributed, or used for commercial purposes without prior written authorization.
No Investment Advice
The Services are provided for informational purposes only.
Nothing contained within the Services constitutes investment advice, legal advice, tax advice, accounting advice, financial advice, a recommendation, solicitation, or offer to buy or sell any security.
Any investment decision should be made only after reviewing the applicable offering documents and consulting independent professional advisors.
No Offer or Solicitation
Access to the Services does not constitute an offer to sell or a solicitation of an offer to buy any interest in Zenith Fund.
Any offering may be made only through official offering documents and only to persons who satisfy applicable eligibility requirements.
Performance Information
Any performance information presented through the Services may include historical, projected, estimated, hypothetical, back-tested, or model-based information.
Past performance does not guarantee future results.
Projected or targeted returns are illustrative only and are not guarantees of future performance.
All investments involve risk, including possible loss of principal.
Third-Party Information
The Services may contain information obtained from third-party sources.
While Zenith believes such information to be reliable, Zenith makes no representation regarding its accuracy, completeness, or timeliness.
Service Availability
Zenith may modify, suspend, restrict, or discontinue any portion of the Services at any time without notice.
Zenith shall not be liable for any interruption, delay, or unavailability of the Services.
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR AVAILABILITY.
ZENITH DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.
IN NO EVENT SHALL ZENITH'S TOTAL LIABILITY EXCEED USD $100.
Indemnification
You agree to indemnify and hold harmless Zenith, its affiliates, partners, officers, employees, service providers, and representatives from any claims, damages, liabilities, costs, or expenses arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws; or (d) your misuse of confidential or proprietary information.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved exclusively in a court of competent jurisdiction within the United States.
You agree to submit to the jurisdiction of such courts and waive any objection based on venue or forum non conveniens.
Nothing in this section shall limit Zenith's right to seek injunctive, equitable, or other appropriate relief in any court of competent jurisdiction to protect its confidential information, intellectual property, or other legal rights.
Privacy
Your use of the Services is also governed by Zenith's Privacy Policy, which is incorporated by reference.
Contact Information
For questions regarding these Terms, please contact:
Zenith Fund — Paul Sanchez, Partner — 714-345-0294 — paul@reachtheapexwithzenith.com