When you provide us with information, you agree that any personal information provided to us is complete and accurate. Please note that any personally identifiable information that you provide to us will be subject to, and protected under, our Privacy Policy.

If you are under 18, only use The Sub Above Fund website with involvement of a parent or guardian.

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE SUB ABOVE FUND WEBSITE - there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

The Sub Above Fund hereby grants you permission to use the website as set forth in these Terms, provided that: (i) your use of the website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the website in any medium without The Sub Above Fund’s prior written authorization; (iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to The Sub Above Fund’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information for purposes of any commercial solicitation, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes.

There may be links on The Sub Above Fund website that lead to websites not maintained/operated by The Sub Above Fund ("Links"). The Sub Above Fund does not control the websites referenced by these Links, nor do we review the content of those websites. The Sub Above Fund provides these outside Links to users for their convenience. The listing of Links is not an endorsement of information, products, or services, and does not imply a direct association between The Sub Above Fund and the operators of the Links.

You specifically agree NOT to utilize e-mail addresses obtained by browsing through The Sub Above Fund website to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day. Also, you agree NOT to transmit the same or substantially similar unsolicited message to 20 or more recipients in a single week (seven consecutive days), unless it is required for legitimate business purposes. Note: The Sub Above Fund (in its sole and exclusive discretion) will determine violations of limitations on e-mail usage set forth in these Terms.

The Sub Above Fund has the right to monitor any content that you post to The Sub Above Fund website, or that you send through the website. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Note: The United States and foreign copyright laws, as well as international conventions, protect the contents of The Sub Above Fund website.

You agree to defend, indemnify, and hold harmless The Sub Above Fund (and its owner/operators and employees) from any and all liabilities and costs incurred by us or our employees in connection with any claim arising from any breach by you of these Terms, including reasonable attorney's fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. The Sub Above Fund reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without the written consent of The Sub Above Fund. The terms of this duty to defend, indemnify, and hold harmless are subject to any defense you may have as a matter of law. This duty does not include any liabilities or costs which arise as a result of intentional wrongdoing, recklessness, or negligence on the part of the indemnified parties.

The Sub Above Fund provides this website at no charge to you. The Sub Above Fund can choose to discontinue or change the content and function of this website at any time. You agree not to rely on The Sub Above Fund to continue to provide the website, in this form or at all. Changes to the website will not affect the economic terms of any pending transaction.

The website is controlled and offered by The Sub Above Fund from its facilities in the United States of America. The Sub Above Fund makes no representations that The Sub Above Fund website is appropriate or available for use in other locations. Those who access or use The Sub Above Fund website from other jurisdictions do so at their own volition and are responsible for compliance with the laws of their home jurisdictions.

The Sub Above Fund reserves the right to modify or supplement these Terms at any time. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our web site. Your continued use of the website more than 30 days after posting constitutes acceptance of modifications of the terms of use.

These Terms shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and The Sub Above Fund that arises in whole or in part from The Sub Above Fund website shall be decided exclusively by a court of competent jurisdiction located in Monmouth County, New Jersey, unless subject to the Mandatory Dispute Resolution terms for Applicants below. These Terms, together with The Sub Above Fund website Privacy Notice and any other notices published by The Sub Above Fund on the website, shall constitute the entire agreement between you and The Sub Above Fund concerning the website. However, this is not to the exclusion of any notice to which you are entitled as a matter of law. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by The Sub Above Fund to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Any legal or equitable dispute between you and The Sub Above Fund (“we” or “us”) relating in any way to this Website is a “Claim”. For example, Claims can arise under federal or state law. Claims can assert violations of statute, breach of contract, torts, frauds, or misrepresentations. Those are just examples. Any dispute which could form the basis of a legal Complaint in a courtroom is a Claim.

Individual claims that can be brought and completely resolved in small claims court and/or claims related to the ownership of The Sub Above Fund intellectual property are “Excepted Claims”.

All Claims, other than Excepted Claims, are Covered Claims.

You and we agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). More information about AAA can be found at https://www.adr.org/Arbitration.

Any arbitration must be filed with AAA at https://www.adr.org/Support or by such means as AAA shall make available. All issues are for AAA to decide, except that disputes relating to the scope, application, and enforceability of these Mandatory Dispute Resolution Terms are for a Court to decide (if you and we cannot agree).

You and we agree to be subject to the personal jurisdiction of the courts of New Jersey with respect to any Covered Claim. You and we submit to the jurisdiction of the federal and State Courts surrounding Monmouth County, New Jersey to (1) enforce the terms of this Mandatory Dispute Resolution Agreement, (2) to address disputes regarding the scope, application, and enforceability of these Mandatory Dispute Resolution Terms, (3) for the appointment of a substitute arbitrator as needed (see below), and (4) to enter any award rendered by the arbitrator.

AAA will adjudicate the Covered Claims in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.

You and we agree not to bring or participate in any class action regarding a Claim. You and we agree that AAA only has authorization to conduct arbitration of Covered Claims on an individual basis. You and we do not give AAA permission to arbitrate Your claim in conjunction with any Claim asserted by anyone else.

In the event that AAA cannot or will not perform arbitration in accordance with the provisions of this agreement, either (a) the parties may agree to another arbitrator or, if no such agreement is had, (b) a court shall appoint one according to the provisions of the Federal Arbitration Act, 9 U.S. Code § 5.