1. Acceptance of Terms
Welcome to FUND 41. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and FUND 41 and its affiliates ("FUND 41," "we," "us," or "our") governing your access to and use of the website located at www.fund41.com and any related pages, content, or services (collectively, the "Site").
By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site.
These Terms apply to all visitors, users, and others who access or use the Site. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
Note for Investors: These Terms govern website use only. All investment-related rights, obligations, and terms are exclusively governed by the applicable fund documents, including the Private Placement Memorandum (PPM), Limited Partnership Agreement (LPA), and Subscription Agreement.
2. Use of the Site
The Site is provided solely for informational purposes relating to FUND 41's investment activities, team, and general healthcare investment philosophy. You may access and use the Site only for lawful purposes and in accordance with these Terms.
Permitted Uses
- Reviewing publicly available information about FUND 41 and its investment focus
- Contacting FUND 41 for legitimate business inquiries
- Accessing educational content about healthcare investment
- Navigating the Site for personal, non-commercial informational purposes
Restrictions
You agree not to use the Site in any way that:
- Violates any applicable federal, state, local, or international law or regulation
- Infringes upon the intellectual property rights of FUND 41 or any third party
- Transmits any unsolicited or unauthorized advertising or promotional material
- Impersonates any person or entity or misrepresents your affiliation with any person or entity
- Interferes with or disrupts the integrity or performance of the Site
- Attempts to gain unauthorized access to any portion of the Site or its related systems
3. Eligibility & Access
The Site is intended for use by adults who are at least 18 years of age. By accessing the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
The Site is directed primarily at accredited investors, qualified purchasers, and sophisticated financial and healthcare industry professionals. The information contained on the Site is not appropriate for, and should not be relied upon by, retail investors or individuals without relevant financial sophistication.
Access to certain portions of the Site or information about FUND 41's investment activities may be restricted to individuals who have completed FUND 41's investor qualification process. FUND 41 reserves the right to restrict access to the Site or any portion thereof at any time and for any reason, without notice.
Jurisdictional Restrictions: The Site is not directed at persons in any jurisdiction where the publication or availability of the Site or its contents would be contrary to applicable law or regulation. It is your responsibility to ensure that your access to and use of the Site complies with all laws applicable in your jurisdiction.
4. Intellectual Property
The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, data compilations, software, and the selection and arrangement thereof — are owned by FUND 41, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
FUND 41 Trademarks
The FUND 41 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FUND 41 or its affiliates. You must not use such marks without the prior written permission of FUND 41. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Limited License
Subject to your compliance with these Terms, FUND 41 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial informational purposes. This license does not include the right to:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site
- Access or use the Site for any commercial purpose or for any public display (commercial or non-commercial)
Copyright Infringement
If you believe that any content on the Site infringes your copyright, please contact us at legal@fund41.com with a detailed description of the alleged infringement. We will investigate all legitimate notices and respond appropriately.
5. No Investment Advice
The information provided on this Site does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Site's content as such.
FUND 41 does not recommend that any investment opportunity, security, or investment strategy is suitable for any specific person. The Site is provided for general informational and educational purposes only. Nothing on the Site should be construed as a recommendation to buy, sell, or hold any investment or security.
Before making any investment decision, you should conduct your own independent research and due diligence, and consult with qualified financial, legal, and tax advisors who can take into account your individual circumstances, investment objectives, financial situation, and particular needs.
Risk Warning: All investments involve risk. The value of investments can go down as well as up, and you may receive back less than you invest. Past performance is not a reliable indicator of future results. Private fund investments are illiquid and speculative in nature.
6. No Offer of Securities
Nothing on this Site constitutes an offer to sell, or a solicitation of an offer to purchase, any securities or investment products in any jurisdiction. Any such offer or solicitation will be made only pursuant to a confidential Private Placement Memorandum and related subscription documents, and only to persons who qualify as accredited investors or qualified purchasers under applicable law.
The information on this Site has not been filed with or reviewed by the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), or any other regulatory authority. No regulatory authority has passed upon the accuracy or adequacy of the information contained herein.
Any securities offered by FUND 41 are offered in reliance upon exemptions from registration under the Securities Act of 1933, as amended, and applicable state securities laws. Such securities have not been registered under the Securities Act or any state securities laws and may not be resold or transferred without registration or an applicable exemption therefrom.
7. Third-Party Links & Content
The Site may contain links to third-party websites, resources, or services that are not owned or controlled by FUND 41. These links are provided for your convenience only. FUND 41 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
FUND 41 does not warrant the offerings of any of these entities or individuals or their websites. You acknowledge and agree that FUND 41 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply endorsement by FUND 41 of the linked site or any association with its operators.
8. Disclaimer of Warranties
Important — Please Read Carefully
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUND 41 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE SITE
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
FUND 41 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
9. Limitation of Liability
Limitation of Liability — Please Read Carefully
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUND 41, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
Direct Damages
Loss of revenue, profits, or anticipated savings
Indirect Damages
Loss of business, contracts, or goodwill
Consequential Damages
Any consequential or incidental losses
Special Damages
Punitive, exemplary, or special damages
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FUND 41 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FUND 41'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FUND 41'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
10. Indemnification
You agree to defend, indemnify, and hold harmless FUND 41, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms
- Your violation of any third party's rights, including without limitation any copyright, property, or privacy right
- Any claim that your use of the Site caused damage to a third party
- Any misrepresentation made by you, including any misrepresentation regarding your status as an accredited investor or qualified purchaser
This defense and indemnification obligation will survive these Terms and your use of the Site. FUND 41 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FUND 41 in asserting any available defenses.
11. Prohibited Conduct
You agree that you will not, and will not assist or enable others to:
Introduce Malware
Upload or transmit viruses, trojans, worms, or other malicious code
Automated Scraping
Use bots, scrapers, or automated tools to access or collect data from the Site
Spam or Phishing
Send unsolicited communications or attempt to phish Site users
Impersonation
Impersonate FUND 41, its employees, or any other person or entity
Unauthorized Access
Attempt to bypass security measures or gain unauthorized access to systems
Content Manipulation
Modify, adapt, translate, or reverse engineer any portion of the Site
Illegal Activity
Use the Site for any unlawful purpose or in violation of any regulations
Privacy Violations
Collect or harvest personal information about other users without consent
FUND 41 reserves the right to investigate and take appropriate legal action against anyone who, in FUND 41's sole discretion, violates this provision, including without limitation, reporting such conduct to law enforcement authorities.
12. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, which describes how we collect, use, and share information about you when you use our Site.
By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use the Site.
Our Site uses cookies and similar tracking technologies. For detailed information about our use of cookies and your choices regarding cookies, please see the Cookies section of our Privacy Policy and our cookie consent banner.
13. Modifications to Terms
FUND 41 reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by posting a notice on the Site or sending you an email notification.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Site.
We encourage you to review these Terms periodically to stay informed of any updates. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
14. Termination
FUND 41 may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
FUND 41 also reserves the right to modify, suspend, or discontinue the Site (or any part or content thereof) at any time with or without notice to you, and FUND 41 will not be liable to you or to any third party should it exercise such rights.
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and applicable federal laws of the United States, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through the following process:
Informal Resolution
You agree to first attempt to resolve any dispute informally by contacting FUND 41 at legal@fund41.com. We will attempt to resolve the dispute informally within 30 days.
Binding Arbitration
If informal resolution fails, any dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in San Juan, Puerto Rico, in the English language.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between FUND 41 and you individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by FUND 41 on the Site, constitute the entire agreement between you and FUND 41 concerning your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
16. Contact Us
If you have any questions about these Terms of Service, please contact us:
We will acknowledge receipt of your inquiry within 5 business days and provide a substantive response as promptly as practicable.
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