Registers Users Agreement

​

Registered Users Agreement

Clicking Submit/I Agree below constitutes your agreement to the following terms (this “Agreement”) as a “Registered User” and has the same binding legal effect as if you signed a paper version of this Agreement and delivered it to us. “We,” “us,” “our,” and “ours” refer to Mt. Rushmore Management LLC (sometimes “MRM”).  Securities investments are placed through DH Hill Securities LLLP. a broker-dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934.  CONTACT: WWW.DHHill.COM, D.H. Hill Securities, LLLP Member FINRA/SIPC at 1543 Green Oak Place Suite 100 Kingwood, 77339,   MEMBER http://www.finra.org FINRA http://www.sipc.org. DH Hill Securities LLLP and MRM are not affiliated. “You,” “your,” and “yours” refer to the individual or entity accepting this Agreement. This Agreement is an addition to the Site’s Terms of Use.; You should print out a copy of this Agreement for your records.

Site Access and Operation. On and/or through the Hedgefund-index.com web site (the “Site”), you may access the data, information, products, services and other content available on the Site (collectively, the “Content”) pursuant to this Agreement and the rules and procedures we may establish from time to time. You agree to the Site’s Terms of Use, which are incorporated herein by reference. Subject to your abiding by the terms of this Agreement, the Terms of Use and any other rules, procedures, policies, terms or conditions governing the Site that may be displayed from time to time on the Site and to which Registered Users will be bound, we hereby grant you a limited, revocable, nontransferable, nonexclusive right and license to use the Site solely for your personal use in accordance with this Agreement.

The Content is the property of MRM and/or its vendors and/or other third parties, and is protected by copyright, trade secret and other intellectual property and proprietary rights. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will keep confidential and not publish, broadcast, retransmit, reproduce, store in a computer, commercially exploit, redistribute, create any derivative of or otherwise disseminate in any medium any or all of the Content or the Site, except that you, for your sole personal use and information, may access, use and store the Content solely for your own personal purposes.

You are prohibited from violating or attempting to violate the security of the Site. After you submit your information to become a Registered User; you agree that MRM  can; contact you by email or at the telephone number you; have provided (or any telephone number that you subsequently provide to us), notwithstanding that such number may be registered on the National Do-Not-Call registry,; in order ;to verify your submitted information or to offer you MRM products or services such as additional information about hedge fund investments.; You may; revoke this consent at any time by providing written or email notice to us.; Under an agreement with us,

Your Representations, Warranties and Covenants.

You represent, warrant and covenant to us, as long as this Agreement is in effect, that (a) you possess the legal right and ability to enter into this Agreement; (b) the information you have given about yourself is complete, true and accurate; (c) you are an “accredited investor” as that term is defined under Regulation D promulgated under the Securities Act of 1933 or a “qualified purchaser” as that term is defined under Section 2(a)(51) of the Investment Company Act of 1940; and (d) in accordance with applicable U.S. securities laws and interpretations, you agree not to invest in any of the funds posted on the Site for a period of 30 days following being accepted as a Registered User (other than funds in which you are already invested, have already been solicited for or in which you are already actively considering an investment).;<strong>4. Your Responsibilities and Acknowledgements.

You are responsible for maintaining the confidentiality of the user name and password we provide you for accessing the Site and for securing gall facilities, products and equipment that might allow access to the Site (collectively, “Resources”). You acknowledge that MRM (and its authorized agents) may act as a sales agent, selling agent, placement agent, solicitor or introducer (or in a similar capacity) for any of the funds listed on the Site under a separate agreement and may be separately compensated in such capacity (generally through a fee based on a percentage of the management, advisory and/or performance-based compensation charged by the investment adviser, manager, general partner, managing member or similar person of or to the fund (each, a “Manager”) with respect to the amount of assets you invest in the fund).

Certain funds may pay members of MRM a portion of the fees they receive from accounts introduced to them by MRM. The receipt of any of the foregoing compensation should not be construed as an endorsement of any fund by us or as a substitute for an independent due diligence investigation by you or your professional advisers and/or consultants. We are affiliated with two fund of funds but we are not affiliated with any fund or any Manager listed on the indices and do not provide any investment advice on any Manager’s behalf.

Limitations to Our Responsibilities.

We may cease to operate the Site, or cancel or limit your access to the Site, at any time and for any reason or none, and with or without notice. We make no guarantees or assurances as to the availability of the Site; you accept that it may be partially or completely inaccessible at any time and for any length of time. We may reject or withdraw from the Site any or all of the Content (including any fund) without any notice to you and for any reason or none. We are not responsible for the manner in which the Content is used by you. The Site is provided “as is,” “as available,” “with all faults,” and without warranty of any kind. We and our licensors (the parties from whom we may license software, hardware and other products and services in connection with the Site) give no express warranties and disclaim all implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

 Any partial or complete removal of the Content from the Site by us, and any actions taken on our part to comply with or reduce our liability under or pursuant to the Digital Millennium Copyright Act or any other statute, regulation or self-regulatory rule pertaining to operators of Internet content and communication sites and/or operators of Internet financial information sites, shall be solely for our benefit and shall neither increase any of your rights or decrease any of your obligations hereunder.

 In addition to the foregoing, you must understand and will be bound by the Terms of Use which contain other important disclaimers. Limitation of Liability and Remedies .In no event will we be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary damages, or any and all other damages whatsoever (including, without limitation, damages for loss of business’s profits, business interruption, loss of data, personal injury, failure to meet any duty including acts of good faith or of reasonable care, lack of negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way connected with the use or performance of the Content or the Site (whether by you, your affiliates or otherwise), the delay or inability to use the Site, or this Agreement, even in the event of fault, tort (including negligence), strict liability, breach of contract, or breach of warranty and even if we have been advised of the possibility of such damages, except to the extent such damages are directly caused by our willful misconduct or gross negligence.  

Notwithstanding any damages that you might incur for any reason, your exclusive remedy for all of the foregoing will be limited to discontinuing your use of the Site. You are solely responsible and agree to defend, indemnify and hold harmless MRM and their respective affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors, licensors and representatives from and against all damages, losses, costs, expenses, claims, actions, demands, liabilities, proceedings and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with (a) any access to the Site or the Resources or acquired Resources through your facilities, products or equipment, or by use of a password obtained from you or any of your agents or employees with or without your consent and (b) your breach of this Agreement. In addition to the foregoing, you must understand and will be bound by the Terms of Use which contain other important limitations and related provisions.;.

 General Provisions. This Agreement(a) constitutes the entire agreement between you and us with respect to the Site and your use of the Site; (b) supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and us regarding the Site and your activities; (c) is binding of the parties respective successors and assigns; (d) is governed by the laws of the State of Delaware without giving effect to the principles of conflicts of laws thereof; and (e) may be terminated by one party providing written notice (including via designated e-mail) to the other. Your consent to this Agreement includes your consent to exclusive jurisdiction and venue in courts located in the State of Iowa arising out of or relating to this Agreement, except to the limited extent that the specific nature of the dispute shall be subject, by virtue of a self-regulatory agreement to which we are both parties, to resolution through arbitration. You waive all defenses of lack of jurisdiction, venue, or forum non-conveniens. In any dispute between us and you relating to this Site, the prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses. If any part of this Agreement is determined to be illegal, void, invalid or unenforceable, then the invalid or unenforceable provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of this Agreement will continue in full force and effect.