Terms of Service

In order to use the services of our Sites and by accessing our Websites (the “Service”) you must agree to and abide by the following Terms and Conditions of Use (this “Agreement”). The terms “we”, “us” and “our” refer to Apiary Investment Fund, LLC. The terms “you” or “your” refer to the party that is accessing the Websites and utilizing the Service under this Agreement.

Acceptance of Agreement: Your use of our Website constitutes your binding agreement and acceptance of these the terms of this Agreement, including any modifications that we make, whether you are a visitor (simply browsing the Website) or you are an Associate.

Use of the Service: Apiary Fund grants you a world-wide non-exclusive and non-transferable right to access the Service, Software and the Site and to view the Information subject to these Terms. You agree to comply with the Documentation.

You agree that:

  1. you are of the age of majority (not a minor) in your state, country of residence;
  2. you represent and warrant that you are fully able and competent to enter into, and abide by this Agreement;
  3. you reside or have a valid address in the United States, a U.S. territory, Canada or country of residence;
  4. you have a valid Social Security Number, Federal Tax ID Number, or Taxpayer Identification Number (TIN/EIN) for your country of legal residence;
  5. you have provided accurate, current and complete information about yourself as requested;
  6. you will not use the Service in breach of these Terms, any applicable laws, regulations or market conventions;
  7. you will not transmit, undertake or encourage the following in relation to the Service: (i) give unauthorized investment advice or financial promotions; or use a false address or name, or (ii) use false details or deceive Apiary Fund or other Users; and when Apiary Fund provides a Service which is accessed using a password, account name or other identifier (collectively, “Password”), you agree that you will (i) ensure each Password is kept confidential and not shared among individuals, and (ii) notify Apiary Fund promptly if you become aware of any Password being used by a person not authorized by you to access that Service.

Use of Software: If Apiary Fund provides you with Software or access to Software, you may only use Software in accordance with the instructions, and in connection with the Services. You are granted a non-exclusive, non-transferable right to use any Software provided as part of any Service.

Limitations of Use: You may use the Service or access the Information only on a single machine permitting use by a single user with one input terminal. Use by more than one User accessing a single copy of the Information is not authorized. The Information may only be reproduced when downloaded and viewed by you for your individual use. You may only make one copy of the Software for archive or backup purposes. You must erase or destroy any Software upon termination of these Terms.

You may not:

  1. Reuse the Information in any other way including redistributing it.
  2. Allow any third party to use (a) your Security Features or (b) the Service in any manner inconsistent with these Terms.
  3. Reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  4. Rent, lease or lend or directly or indirectly transfer the Software to any third party.
  5. Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, which discloses private or personal matters concerning any person, or in our sole judgment of is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our Users to any harm or liability of any type;
  6. Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
  7. Post, transmit, or link to sexually explicit material;
  8. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. Impersonate another User, Associate or person;
  10. Use the account, username, or password of another User or Associate at any time or disclosing your password to any third party or permitting any third party to access your account;
  11. Sell or otherwise transferring your profile;
  12. Post or transmit any advertising, promotional materials, or other forms of solicitation, whether personal or commercial, including chain letters, pyramid schemes, and links or URLs to third party websites deemed as commercial;
  13. Violate any applicable law or regulation while accessing and using our Sites, including, without limitation, the rules and regulations of the SEC, CFTC or any government or self-regulatory organization (especially and including the rule against making false or misleading statements to manipulate the price of any security;
  14. Post or transmit any information, statement or claim that could be considered or otherwise construed to be investment advice.
  15. Solicit investment from other visitors, Users or Associates or offer to make trades on another person’s behalf.
  16. Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
  17. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our Sites;
  18. Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our Sites;
  19. Attempt to gain unauthorized access to Services, Information, materials, other accounts, computer systems or networks connected to any Apiary Fund server or to our Websites, through hacking, password mining or any other means not intentionally made available through our Websites;
  20. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Service; and
  21. Take any action that damages or disrupts the functioning of our systems or Service.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, usage history, posted materials, IP addresses and traffic information.

On termination of these Terms, your rights to use the Information and the Service cease.

Data Protection/Privacy/Communication: You agree that your details will be used as set out in Privacy Notice(s). If you become aware any data about you or provided by you is inaccurate you must promptly notify us by email at info@apiaryfund.com.

Proprietary Rights: All intellectual property rights in the Service, Software and the Information, including without limitation copyright and database rights, shall remain the property of Apiary Fund or its licensors. You will not remove, conceal, use or amend any copyright, trademark or other proprietary notice incorporated in the Service or in any Software without the owner's prior written consent. You will not acquire any intellectual property rights in the Service, Software or Information and you agree to comply with notices bringing such rights to your attention and all relevant laws relating to such rights. Any infringement of the rights of Apiary Fund or its licensors may result in legal action. To request permission to use any of our Service, Software and Information or any other of our copyrighted materials outside of the scope of this Agreement please contact us at info@apiaryfund.com.

Order Routing: Unless otherwise directed, Apiary Fund will select the liquidity provider to which to route orders. For products traded at multiple markets, Apiary may provide smart routing, which seeks the best market for each order through a computerized algorithm. Apiary cannot guarantee execution of every order at the best-posted price: Apiary may not have access to every liquidity provider quote; other orders may trade ahead; liquidity providers may not honor posted prices or may re-route orders for manual handling; or market rules, decisions or system failures may prevent/delay execution of orders or cause orders not to receive the best price.

Order Cancellation/Modification: Customer acknowledges that it may not be possible to cancel/modify an order and that Apiary does not guarantee order executions notwithstanding a cancel/modify request.

Order Execution: Apiary Fund executes orders as a principle unless otherwise confirmed to act in the role of an agent. Since Apiary is the principle of all funds, the customer has no rights or claim or guarantee of trade execution. Apiary may decline, cancel, or reject any order (pending, open or closed) and or terminate Customer's use of Apiary's services at any time and at Apiary's sole discretion. All transactions are subject to rules and policies of relevant markets and clearinghouses, and applicable laws and regulations. APIARY IS NOT LIABLE FOR ANY ACTION OR DECISION OF ANY EXCHANGE, MARKET, DEALER, CLEARINGHOUSE OR REGULATOR.

Risk of System Failure: Trading through an electronic trading or order routing system exposes you to risks associated with system or component failure. In the event of system or component failure, it is possible that, for a certain time period, you may not be able to enter new orders, execute existing orders, or modify or cancel orders that were previously entered. System or component failure may also result in loss of orders or order priority. Apiary Fund does not guarantee the execution of orders during system failures.

Third- Party Rights: You acknowledge that third- party information and software providers may have rights in the Information and/or Software which they supply and they or another member of the Apiary Fund and its affiliated companies may be a third- party beneficiary of these Terms (including, without limitation, any warranty, disclaimer or limitation of liability) with the right to enforce and enjoy the protection of these Terms in their own name. Apiary Fund can however change or terminate these Terms without the consent of such third- parties. Apart from these provisions and provisions relating to Digital Signatures, a person who is not a party to the agreement formed by these Terms shall have no rights under the Contracts (Rights of Third- Parties) Act 1999 to enforce any of its terms.

You agree to comply with any reasonable restrictions or conditions imposed on the use and access of Information or Software imposed by the relevant third- party provider in order to protect such third- party’s legitimate interests. These may be notified to you by Apiary Fund or by such third- party. If any restriction or conditions imposed after your acceptance of these Terms substantially reduces your ability to use the Service, you may terminate these Terms with effect from (a) the first day of the next Billing Cycle where your Billing Cycle is monthly or (b) where your Billing Cycle is annual, thirty (30) days after Apiary Fund notifies you of such restriction or conditions. You may be required to enter into a separate agreement with a third-party in order to receive a Service that contains third-party content or software

Fees: You will be responsible for the payment of all online charges and for the communication facilities which enable you to access the Information, Sites and Service and any other applicable VAT, sales taxes or similar taxes. Apiary Fund may adjust or change the basis of calculation of the Fees by giving you notice on or before the commencement of your next Billing Cycle. Such change will be effective on the first day of the next Billing Cycle. Following notice of an increase in the Fees, you may terminate your access to the Service. Termination of your access to the Service will take effect on the first day of the next Billing Cycle. Our current monthly technology fee is either USD $97.00 or $25.00 a month as determined by whichever product you purchased.

Apiary Fund will use reasonable endeavors to provide reasonable notice of any change to Fees which relate to fees imposed by a third- party but you agree that these may change without notice if a change is imposed on Apiary Fund by any such third- party. Apiary Fund shall be entitled to charge you interest at 1% per month or the maximum allowed by law (whichever shall be the lower) on any overdue Fees.

Payment: Payment for the Service can only be made via a credit/debit card or an automated electronic account withdrawal (available for U.S. customers only). Monthly and annual subscription will be billed to your credit card or withdrawn from your account on the first day of each Billing Cycle (monthly or billed for the applicable billing period will not be refunded. Monthly and annual subscriptions will automatically renew unless you notify us that you want to terminate your service. If you do not want your annually) until the Service is cancelled or otherwise terminated in accordance with the terms of this Agreement. Due to the nature of educational products and services, charges for any training course, program or technology fees, monthly or annual subscriptions are not refundable once billed. Once you have accessed the Service using your Account Name and Password any monthly or annual subscriptions service to renew, you must notify us no later than 10 days prior to the end of the current Billing Cycle. Termination of your access to the Service will take effect on the first day of the next Billing Cycle. Your credit card will be charged immediately following any applicable free trial period associated with the product you purchased. To prevent your card from being automatically charged following your free trial period, you must send an email to accounting@apiaryfund.com before the conclusion of your free trial period. Charges for any annual subscriptions where a Billing Cycle has completed are not refundable.

Duration: The billing cycle will immediately commence following any applicable free trial period associated with the product you purchased. If a free trial period is not associated with your purchase, the billing cycle will take effect 30 days from the date on which Apiary Fund sends you your username and password via email.

Termination: Your participation and activity with the Apiary Investment Fund is voluntary and either you or Apiary Fund may terminate these Terms at any time during a Billing Cycle. This notice of cancellation will be effective from the first day of the next Billing Cycle. You may terminate your service by emailing your request to accounting@apiaryfund.com.

Apiary Fund may terminate or suspend your access to the Site, or a Service or any part, immediately if you are in material breach of any of these Terms. Failure to make payment of the Fees when due constitutes a material breach of these Terms. Apiary Fund may terminate or suspend your access to a Service if you cease to meet the published eligibility criteria or if any related Service is ended. Apiary Fund may without notice suspend yours or everyone’s access to the Service, for security reasons or where it is reasonable to do so to protect its or another's legitimate interests.

Warranty Disclaimer: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER APIARY FUND, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, NOR ANY THIRD- PARTY INFORMATION PROVIDERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE OR HAVE 100% UPTIME NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THE SERVICE.

You are reminded that the Internet is publicly accessible and liable to failure and delays and, therefore, Apiary Fund cannot guarantee the arrival of messages over the internet, nor the security of Apiary Fund services that use the internet. Apiary Fund is not responsible for any third- party software being used by you in relation to this Service where Apiary Fund does not itself directly provide such third- party software to you. Apiary Fund is not liable for matters beyond its reasonable control, such as problems with telecommunications networks, computer viruses, unauthorized access or issues related to your security arrangements.

THE SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

The Apiary Fund cannot and will not extend service to anyone and everyone. Minimum performance metrics required for associate account levels are subject to the opinions of the Apiary Fund’s risk managers. The availability and pricing of services offered by the Apiary Investment Fund are subject to change at any time. Similarly, availability and size of funded accounts and Associate levels are subject to change at the discretion and according to the needs of the Apiary Fund.

Users that access the Site The Apiary Fund does not guarantee employment or income and does not provide benefits (ie. insurance or bonuses) to Associates. Associates are allowed to manage money as an independent contractor and are responsible for their own personal taxes respective to their country. Similarly, the Apiary Fund is responsible for its own company taxes in the United States.

Limitations of Liability: TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT, SHALL APIARY FUND OR ANY OF ITS AFFILIATES, AGENTS OR THIRD- PARTY INFORMATION PROVIDERS BE LIABLE FOR:

ANY DAMAGES INCURRED BY YOU OR ANY THIRD- PARTY INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF YOUR DATA, ECONOMIC LOSS OR LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE UNLESS CAUSED BY APIARY FUND GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (IN WHICH CASE THE LIABILITY SHALL NOT EXCEED 12 MONTH’S SERVICE FEES OR IF THE SERVICE IS FREE OF CHARGE $1000 IN TOTAL FOR EACH SERIES OF CONNECTED EVENTS OR $2000 IN ANY 12 MONTHS); OR ANY LOSS WHICH IS NOT REASONABLY FORESEEABLE HOWSOEVER CAUSED. ANY CLAIMS FOR EMPLOYMENT AND/OR EMPLOYMENT RELATED COSTS, EXPENSES, COMMITMENTS OR OBLIGATIONS.

Investing Disclaimer: Investing in securities, currencies, and/or contracts associated therewith carries inherent risks. No person, institution, or entity, including the Apiary Fund, can guarantee a return on investment for such transactions. Neither the Apiary Fund nor its representatives will recommend the purchase, sale, or transaction advice for a specific security. Only licensed industry representatives may do so including, but not limited to, a broker or dealer, introducing broker, FCM and/or registered investment advisor. The Apiary Fund encourages the consultation of such advisors at your discretion and by your choice but does not endorse the opinion of any one particular industry representative.

Form and Content: Apiary Fund retains control over the form and content of the Service. Apiary Fund may modify or cancel the Service or part of the Service. Apiary Fund shall use reasonable endeavors to give you a minimum of 30 days notice of a material modification or cancellation. However, you recognize that where the modification or cancellation is imposed by a third- party information provider, then Apiary Fund may be required to give you less notice of a change or modification. If Apiary Fund cancels or substantially modifies the Service or part of the Service, you may terminate your access to the Service with effect from (a) the first day of the next Billing Cycle where your Billing Cycle is monthly or (b) where your Billing Cycle is yearly, thirty (30) days after Apiary Fund notifies you of such change or modification.

Security Features: You agree to keep your Security Features confidential and secure and not to assign, share, sell, barter, transfer, recklessly compromise them or exchange them. If you learn or suspect that a Security Feature has been obtained by another person or been compromised or the security of the Service has been affected, you must promptly notify Apiary Fund by using "Contact Us" and/or take any appropriate security measures. You agree to cooperate with Apiary Fund reasonable security investigations. Any attempt to access any part of the Site which requires Security Features without the required Security Features and/or payment of the Fees or any attempt to tamper with Security Features is unlawful and a material breach of this Agreement and could result in criminal and/or civil penalties. Apiary Fund may change Security Features on notice to you for security reasons.

Downloads: YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER ENVIRONMENT IS PROPERLY PREPARED TO RECEIVE ANY DOWNLOAD OF SOFTWARE FROM THE SITE. APIARY FUND DOES NOT GUARANTEE THAT ANY SOFTWARE WILL PERFORM SATISFACTORILY WITH ANY HARDWARE OR SOFTWARE USED BY YOU. YOU AGREE THAT APIARY FUND WILL NOT BE RESPONSIBLE FOR ANY REDUCED PERFORMANCE OF ANY SERVICE OR LOSS (INCLUDING LOSS OF DATA) OR DAMAGE WHICH IS DUE TO YOUR ADDING TO OR ACCESSING ANY SOFTWARE DOWNLOADED FROM THE SITE IN CONJUNCTION WITH ANY SYSTEM, SOFTWARE, DATA OR EQUIPMENT.

YOU WARRANT AND REPRESENT THAT (A) IN ACCESSING AND USING THE SERVICE YOU WILL NOT COPY, MODIFY, ADAPT, PUBLISH, RETRANSMIT, REDISTRIBUTE, LEND, SELL, SUBLICENSE, OR OTHERWISE USE OR TRANSFER THE INFORMATION EXCEPT AS OTHERWISE PERMITTED IN THESE TERMS, AND (B) THE DETAILS/INFORMATION PROVIDED BY YOU TO APIARY FUND OR ITS AGENTS ARE AND WILL CONTINUE TO BE ACCURATE AND YOU HAVE THE RIGHTS TO PROVIDE SUCH INFORMATION.

YOU INDEMNIFY APIARY FUND FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT SUFFERS AS A RESULT OF YOUR BREACH OF THESE TERMS OR AS A RESULT OF YOUR TRADING OR YOUR OTHER ACTIVITY VIA THE SERVICE.

Hyperlinks: You may, through hypertext or other computer "links", gain access to other sites which are not part of this Site. Apiary Fund assumes no responsibility or liability for any material outside of the Site that may be accessed through any such "link". The provision by Apiary Fund of a link to another site does not constitute an authorization by Apiary Fund to access materials at that site or an endorsement by Apiary Fund of any such material.

Governing Law and Jurisdiction: THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF STATE OF UTAH. BOTH PARTIES CONSENT TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE STATE OF UTAH, AND OF ANY COURT TO WHICH AN APPEAL THEREFROM MAY BE TAKEN.

General: (a) To the extent permitted by laws applicable to these Terms, these Terms, the Documentation and any statements in respect of test or evaluation periods represent the final, entire and exclusive agreement between you and Apiary Fund relating to the Service and supersede all other prior agreements or understandings relating to the Service. (b) Delay or failure by either party in enforcing these Terms at any time will not constitute a waiver by that party of its rights or remedies. (c) Apiary Fund may modify any of these Terms at any time by notifying you of any changes by email. Any such changes will be effective from 24 hours after emailing by Apiary Fund. You may terminate these Terms by notice to Apiary Fund if the modification results in a substantial change to your ability to use the Service with effect from (i) the first day of the next Billing Cycle where your Billing Cycle is monthly or (ii) where your Billing Cycle is annual, thirty (30) days after Apiary Fund notifies you of such modification. (d) If any part of these Terms is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected. (e) You may not assign any of your rights and obligations under these Terms or any part of it and any assignment made by you shall be ineffective. You agree that Apiary Fund may assign any or all of its rights and obligations to a member of the Apiary Fund group of companies with your consent not to be unreasonably withheld. You are deemed to have consented to the assignment if you do not notify us to the contrary within 30 days of our notice to you. (f) Any e-mail which Apiary Fund sends you in respect of the Service shall be deemed effective within 24 hours.

Information and Support: Apiary Fund provides certain information and support in respect of the Service as detailed in this section. You may notify Apiary Fund of your support questions or other comments and Apiary Fund shall respond as soon as is reasonably practicable.

Definitions: The following terms are used throughout the Terms of Service.

Apiary Fund means Apiary Investment Fund, LLC, whose principal place of business is at 383 West 300 North, Lindon, UT 84042, USA, including its managers, members, employees, contractors, partners, officers and agents.

Associate means persons with any level of involvement including but not limited to active traders, independent contractors and prospective applicants.

Billing Cycle means each monthly or annual period commencing on the date Apiary Fund accepts your registration details and sends you an email containing your user id and password.

Documentation means any specific rules, code of conduct, Rule Books, Certificate Policies or Certificate Practice Statements or similar documentation Apiary Fund issues in relation to the Service.

Fees mean the fees charged by Apiary Fund from time to time for the supply of the Service and/or Information accessed from the Sites.

Information means all and any information and other content, whether static or changing, which is provided by Apiary Fund as part of the Service.

Site means the Service home page and accompanying pages.

Service means, including the Information in the Service and any Security Features.

Security Features means any passwords, PIN key, smartcard, physical token or similar or related data or feature.

Software means any software provided as part of or in connection with a Service.

Terms means these terms and conditions of this Agreement as may be amended from time to time.

Users means any users of the Services.

Websites means http://apiaryfund.com.

Privacy Statement: This Privacy Statement relates solely to the online information collection and use practices of our Websites located athttp://apiaryfund.com. We recognize that many visitors and Users of our Websites are concerned about the information they provide to us, and how we treat that information. This Privacy Statement, which may be updated from time to time, has been developed to address those concerns.

Your use of our Websites indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Statement. If you have any questions or concerns regarding this Privacy Statement, please contact info@apiaryfund.com.

What Information Do We Collect?  When you visit our Websites, you may provide us with two types of information (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse our Websites. In some cases, if you choose not to provide us with requested information, you may not be able to access all of our Websites’ content or services.

Personally, identifiable information that you knowingly choose to disclose, which is collected on an individual basis  General user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse our Websites. In some cases, if you choose not to provide us with requested information, you may not be able to access all of our Websites’ content or services.

Apiary Fund relationship data: This is data we obtain from our interactions with you, and may include details of the calls you have made to our sales or help desk, visits made to you by our staff, Apiary Fund marketing materials you have received, your email communication with our staff, data about your preferred activities for marketing events or the Apiary Fund events you have attended. Calls made to Apiary Fund may be monitored and recorded for training and review processes.

Credit card data: If you are subscribing to our products as an individual, we collect your credit card information in order to maintain your services.

Product usage data: This is data we obtain about your usage of Apiary Fund products and may include when and which products you have used and the content and functionality you have used in those products.

Subscription data: This is data we obtain from our interactions with you and may include the products or data sets to which you subscribe or which you are enabled to access.

Surveys, competitions, prize draws: This is data you may provide when you participate in our competitions, prize draws or surveys.

Cookies: Cookies are bits of software that are placed on your computer hard drive when you visit certain Apiary Fund financial and media products. We use cookies to help us identify product features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are using a particular product. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the product features.

IP Address: An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you use our professional financial and media products, we may view the IP address of the device you use to connect to those products. We use this information to determine the location of the device and to determine the number of devices simultaneously accessing the product.

Personally Identifiable Information You Choose to Provide:  We may ask for certain personal information from you that is necessary to provide you with the content and/or services you request. For example some of the services which ask you to provide personal information include:

•        Newsletters and subscriptions

•        Phone Alerts

•        Contributing to blogs or to the forum website

•        Sharing pictures and videos

•        Submitting questions or feedback

•        Webinars, free books

How Do We Use the Information We Collect?  Information about how we use your personal information is provided on our web-pages at the point you submit your personal information to us. Further, we may use the personal information you provide us for the purpose of fulfilling our contractual obligations with you or your employer. Specifically, we may use your personal information as follows:

Administration: We may use the personal information we collect about you to provide our products and services to you and to assist you in your use of our products. This may include setting up your access to a product, providing assistance or training for your use of the product, alerting you to product changes or maintenance periods and invoicing you or your employer for your use of the product.

We may also use the personal information you provide us for the purposes of pursuing Apiary Fund legitimate business interests. Specifically, we may use your personal information as follows:

Product/Service development, testing and improvement: We may use the personal information we collect about you to develop, test and improve our products. Where we use your personal information in this way we have a policy of anonymizing the information where possible. We may also ask you to participate in surveys to improve our products and service delivery to you. Our surveys allow for customers to remain anonymous. Personal information obtained in our surveys may also be combined in an aggregate form. We use the data obtained through our surveys to plan and implement developments of, and enhancements to, our products, product ranges and areas of customer service.

Marketing: We may use personal information we collect about you to contact you by e-mail, post or telephone with information about Apiary Fund, the products you use, Apiary Fund products similar to those you use and events that might be of interest to you or your organization. You may ask us to refrain from sending you marketing messages in the "Your Choices" section of this Privacy Statement.

In specified countries if you use our products in the course of your employment, Apiary Fund will only send you unsolicited marketing by email if your employer has given its consent for you to receive that marketing, or if your employer has allowed Apiary Fund to contact you directly and gain your consent to receive that marketing.

We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Websites, to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to our Websites or the public. In those instances, the information is provided only for those limited purposes.

How Do You Access and/or Modify Your Personal Information? If you visit our Websites and volunteer personally identifiable information, you may modify, update or delete such information at any time by contacting info@apiaryfund.com. You will have the opportunity to access and revise certain personally identifiable information. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.

How Do You Change your Preferences or Unsubscribe from Receiving Information or Marketing?  If you would like to change your preferences or unsubscribe from receiving any of the information that you have requested from us, including marketing material, you may do this by contacting info@apiaryfund.com.

Data Security: We take reasonable steps to maintain the security of the personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.

Consent to Transfer: Please be aware that as Apiary Fund is a global company, we may transfer your personal information to countries that may not guarantee the same level of protection for personal information as the one in which you reside. We are taking appropriate steps to provide an adequate level of protection to your personal information and no matter where you live, your personal information will be processed in accordance with the other provisions of this Privacy Statement. By using our Website, participating in any of our services and/or providing us with your information, you consent to this transfer.

Exchanges: Exchanges reserve the right to contact any subscribers to their exchanges for any reason. When you subscribe to a real-time exchange, Apiary Fund is required to pass your contact information to that exchange. Typically client exchange communication will come from Apiary Fund but each exchange you have subscribed to reserves the right to contact you directly.

Links: Our Websites may contain links to third- party sites as well as to other sites owned and/or operated by Apiary Fund. Please be aware that Apiary Fund is not responsible for the privacy practices of any third- party sites. Please also be aware that the privacy policies of other Apiary Fund sites may differ significantly from the privacy policy of those Website,. Therefore, we encourage our users to read the privacy statement of each and every Website, that collects personally identifiable information. This Privacy Statement applies solely to information collected by our Websites.

Contacting our Websites: If you have any questions regarding this privacy statement, the practices of our Websites, or your dealings with the Website, you can contact:

Apiary Fund, 383 West 300 North, Lindon, UT 84042, USA