Effective Date: February 7, 2026
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Zenith Fund (“Zenith,” “we,” “our,” or “us”).
These Terms govern your access to and use of Zenith’s website and any related portals, digital platforms, materials, communications, or services made available by Zenith (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
1. Eligibility and Access
The Services are intended solely for individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater, and who have the legal capacity to enter into binding agreements.
By accessing or using the Services, you represent and warrant that you meet these requirements.
Certain portions of the Services may require secure access credentials. You are solely responsible for maintaining the confidentiality of your credentials and for all activities conducted using your access. Zenith shall have no liability for any loss or damage arising from unauthorized access resulting from your failure to safeguard such credentials.
You agree to notify Zenith promptly if you become aware of any unauthorized access or security breach involving your access credentials.
2. Modification of Terms
Zenith reserves the right, in its sole discretion, to modify or update these Terms at any time.
Any modifications shall become effective immediately upon posting through the Services, as reflected by the updated effective date above. Your continued use of the Services following such posting constitutes acceptance of the modified Terms.
You are responsible for reviewing the Terms periodically.
3. Permitted Use
Subject to your compliance with these Terms, Zenith grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful purposes.
You shall not use the Services in any manner that could damage, disable, disrupt, interfere with, or impair the Services or any related systems, or interfere with any other user’s access or use.
All rights not expressly granted are reserved by Zenith.
4. Acceptable Use Restrictions
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services.
Without limitation, you shall not:
(a) infringe or violate the intellectual property, privacy, contractual, or other rights of any third party;
(b) introduce viruses, malware, or other harmful or disruptive code;
(c) attempt to gain unauthorized access to any portion of the Services or related systems;
(d) engage in scraping, data mining, harvesting, or automated extraction without prior written authorization; or
(e) misrepresent your identity or affiliation.
Zenith may suspend or terminate your access to the Services immediately upon any violation of this Section or these Terms.
5. User Submissions
Any information or materials you submit through the Services (“User Content”) remain your property.
By submitting User Content, you grant Zenith a worldwide, non-exclusive, royalty-free license to use, store, host, display, and reproduce such User Content solely in connection with operating, maintaining, and improving the Services.
You represent and warrant that you possess all rights necessary to submit such User Content and that it does not violate any applicable law or third-party rights.
You are solely responsible for your User Content.
6. Intellectual Property
All rights, title, and interest in and to the Services, including all content, materials, trademarks, logos, designs, text, graphics, and other intellectual property, are owned by Zenith or its licensors.
Except as expressly permitted herein, you may not copy, modify, distribute, publish, create derivative works from, or commercially exploit any portion of the Services without Zenith’s prior written consent.
Unauthorized use constitutes a material breach of these Terms.
7. Third-Party Materials
The Services may reference or link to third-party websites, platforms, or services not controlled by Zenith.
Zenith does not endorse, control, or assume responsibility for any third-party content or services. Accessing third-party services is at your own risk and subject to separate terms.
8. No Advice; No Fiduciary Relationship
The Services and any information provided therein are for informational purposes only.
Nothing provided through the Services constitutes investment advice, legal advice, tax advice, or a recommendation regarding any security, strategy, or transaction.
Zenith is not acting as a fiduciary, advisor, broker, or agent. No advisory or fiduciary relationship is created by your access to or use of the Services. You acknowledge that you must consult your own professional advisors before making any financial or investment decisions.
9. Feedback
Any feedback, suggestions, or ideas you provide to Zenith are non-confidential and may be used by Zenith without restriction or compensation.
10. Availability of Services
Zenith may modify, suspend, or discontinue the Services, in whole or in part, at any time and without notice.
Zenith shall have no liability arising from any modification, suspension, or discontinuation of the Services.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ZENITH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.
ZENITH’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:
(A) ONE HUNDRED UNITED STATES DOLLARS (USD $100); OR
(B) THE AMOUNT PAID BY YOU TO ZENITH FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Zenith and its affiliates from any claims, damages, losses, liabilities, and expenses arising out of or relating to:
(a) your use of the Services;
(b) your User Content;
(c) your violation of these Terms; or
(d) your violation of any applicable law or third-party rights.
14. Governing Law and Venue
These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in New York, New York. You consent to such jurisdiction and venue.
15. Termination
Zenith may suspend or terminate your access to the Services at any time, with or without cause or notice.
Upon termination, all rights granted to you shall immediately cease. Provisions which by their nature should survive termination shall survive.
16. Privacy
Your use of the Services is subject to Zenith’s Privacy Policy, which is incorporated herein by reference.
17. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Zenith regarding the Services and supersede all prior agreements.
If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign these Terms without Zenith’s prior written consent. Zenith may assign freely.
18. Contact
If you have questions regarding these Terms, please contact:
Zenith Fund
Email: paul@reachtheapexwithzenith.com
Phone: 714-345-0294