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Terms of Service

By accessing or using our website at www.DiversyFund.com, including any subdomain you have read, understood, and agreed to be bound by the terms and all terms incorporated herein by reference, regardless of whether you are a registered member of the service, as they may be amended from time to time in the future.

All Users: Consent to Electronic Transactions and Disclosures

The decision to do business with DiversyFund and our affiliates electronically is yours. This document informs you of your rights concerning Disclosures. Because DiversyFund operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically.

As part of doing business with DiversyFund and our affiliates, you must also consent to our giving you certain disclosures electronically, either via our Site or to the e-mail address you provide to us.

By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements, (including any IRS Forms, IRS Form 1099, Form K-1) or other tax forms, schedules or information statements, arising from or relating to your registration as an investor on our Site, any investments you may make, your use of this service, and the servicing of any investment and any notes you have purchased (each, a “Disclosure”), as either an investor of DiversyFund, whether we are acting in the capacity as trustee or otherwise, or our affiliates.

An “IRS Form 1099” refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to the U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an “IRS Form 1099”).

Electronic Communications

Any disclosures will be provided to you electronically through DiversyFund either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $25.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent

Your consent to receive disclosures and transact business electronically, and our agreements to do so, applies to any transactions to which such disclosures relate, whether between you and DiversyFund or between you and our affiliates. Your consent will remain in effect for so long as you are a user and, if you are no longer a user, will continue until such a time as all disclosures relevant to transactions that occurred while you were a user have been made.

Consenting to Do Business Electronically

Because DiversyFund operates largely on the Internet, it is necessary for you to consent to transact business with us online and electronically. Before you decide to do business electronically with DiversyFund or our affiliates, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions (Chrome version 32.0 or above, Firefox version 26.0 or above, Internet Explorer version 8.0 or above, or Safari version 7.0 or above, or the equivalent software); and hardware capable of running this software.

TCPA Consent

You also expressly consent to receive calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers) and acknowledge that charges may apply by your phone company. You may receive text messages regarding system notifications, investment opportunity updates, and special offers and promotions, and can manage your opt-in status in your user profile.  

Payments

DiversyFund generally receives all payments, and makes all disbursements, through electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you provide to us. You authorize such bank or other financial account to pay any amounts described herein, and authorize DiversyFund to make any and all investment disbursements, to such account. You agree to provide DiversyFund updated information regarding your bank or other account upon DiversyFund’s request and at any time that the information earlier provided is no longer valid.

Withdrawing Consent

You may not withdraw such consent as long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.

Additional Mobile Technology Requirements

If you are accessing our Site and the disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store.” If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

Personal Data

Investor registration will require you to provide basic personal data. Such information typically includes your name, email address, home address and phone number, date of birth, social security number and/or tax identification number. DiversyFund uses this data to: (i) enable you to log in to the Site; (ii) establish your ability to view offering materials and to make investments through the Site (iii) verify that you are at least 18 years of age; (iv) guard against potential fraud; (v) contact you if there is a problem with your account; and (vi) maintain regular communications with you as may be necessary to inform you of upcoming investment opportunities and other company updates.

DiversyFund will also gather the names and email addresses of users who contact us through the Site with questions about our company. We collect this information for the sole purpose of responding to such inquiries and do not store the contact information unless requested to do so, as in the case of job applicants who submit resumes.

Notifications and Communications from Our Site

DiversyFund will send you email notifications from time to time. Some notifications are required elements of your transactions on our platform, such as confirmations of particular actions you have taken. These mandatory notices are sent typically to notify you of a change in status. For example, you will receive a notice when you are confirmed as an investor.

We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or Site policies. Generally, you may not opt out of such service-related emails.

When you register as an investor, you will receive emails that confirm specific actions you requested. These will include emails to which you must respond to complete your registration and notifications confirming your registration. Thereafter, you will receive emails when a new investment opportunity is offered, as well as updates concerning the progress of the funding of such offering and/or other relevant information. If you make an investment through the Site, DiversyFund will also send you confirmations of the investment as well as occasional updates as to the status of that investment and the timing of distributions relating to that investment.

We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations, or marketing offers from us or from us on behalf of our marketing partners. Completing these surveys, answering requests for feedback, or accepting any offer is strictly voluntary. If you do not wish to receive these surveys, user feedback emails, and/or marketing offers, please opt out in any offer email you receive from us.

Information Updates

You must keep us informed of any change in your e-mail address, your home mailing address, or your telephone number so that we can maintain communications with you about your authorization as a registered User and so that you can continue to receive all Disclosures in a timely fashion. You can contact us by e-mail at info@diversyfund.com or by calling us at 858-430-8528. You may also reach us in writing to us at the following address: DiversyFund, Inc., 750 B Street, Suite 1930, San Diego, CA 92101.

Links to Other Sites

If you follow any links that direct you away from the Site, this privacy policy will not apply to your activity on the other websites you visit. We do not control the privacy policies or the privacy practices of any third parties.

User Access and Choice

If the personal information on file for you changes, or if you no longer desire our service, you may correct or update it by making the change on our customer information page or by emailing DiversyFund Customer Service.

We will retain and use your information as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce our agreements.

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at the information below.

Cookies / Tracking Technologies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on the Site. We do not link the information we store in cookies to any personally identifiable information you submit while on the Site. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use the Site, but your ability to use some areas of the Site, such as contests or surveys, may be limited.

The use of cookies by our partners, affiliates, tracking utility company, and/or service providers is not covered by our Privacy Policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, and/or service providers use session ID cookies to make it easier for you to navigate the Site.

Security

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on the Site, please contact us.

International Users

The Site may be accessed by users located outside the United States. If you choose to use the service from the European Union or other regions of the world with laws governing data collection and use that may differ from the United States law, then please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site then you consent to that transfer.

Changes to this Privacy Policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Trademark Information

You herein acknowledge, understand and agree that all of the DiversyFund trademarks, copyright, trade name, service marks, and other DiversyFund logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of DiversyFund. You herein agree not to display and/or use in any manner the DiversyFund logo or marks.

Entire Agreement

This Terms of Use constitutes the entire agreement between you and DiversyFund and shall govern the use of our Services, superseding any prior version of this Terms of Use between you and us with respect to DiversyFund Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other DiversyFund Services, affiliate Services, third-party content or third-party software.

Choice of Law and Forum

It is at the mutual agreement of both you and DiversyFund with regard to the Terms of Use that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms of Use, or the relationship between you and DiversyFund, shall be filed within the courts having jurisdiction within the County of San Diego, California or the U.S. District Court located in said state. You and DiversyFund agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

At any time, should DiversyFund fail to exercise or enforce any right or provision of the Terms of Use, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms of Use 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 the Terms of Use remain in full force and effect.

No Right of Survivorship Non-Transferability

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms of Use must be filed within year(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this Terms of Use to DiversyFund as follows:

Mailing Address:

DiversyFund

Attn: Copyright Agent

750 B Street, Suite 1930

San Diego, California 92101

Telephone: (858)324-1042

Email: support@diversyfund.com