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Alternative investments are intended for Qualified Investors (defined as individuals or family-owned companies with a minimum $5M investment net worth), Accredited Investors (defined as individuals with a minimum $1M investment net worth), certain Trusts with specific limitations, a company with not less than $25m of investments or a company owned exclusively by a verified QP. The Destiny Alternative Funds are customized fund solutions that provide access to a diversified portfolio of private alternative investments within a single entity. Alternative Investments such as hedge funds, private equity funds, and funds of funds can result in higher return potential but also higher loss potential. Changes in economic conditions or other circumstances may adversely affect your investments. Before you invest in alternative investments, you should consider your overall financial situation, how much money you have to invest, your need for liquidity, and your tolerance for risk. Alternative investments are speculative and involve a high degree of risk.
The website for Destiny Family Office www.destinyfamilyoffice.com, is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of DFO’s website on the Internet should not be construed by any consumer and/or prospective client as DFO’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by DFO with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. A copy of DFO’s current written disclosure Brochure discussing DFO’s business operations, services, and fees is available at https://destinyfamilyoffice.com/alternative-investments/. DFO does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the DFO web site or incorporated herein, and takes no responsibility, therefore. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
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Destiny Access Terms of Service
- Introduction and Acceptance
The information contained within this Platform is confidential and is for your use only. It may not be forwarded.
You must be at least 18 years of age and able to enter into a binding agreement to use the Platform
Destiny Access is a private-markets access platform offered by Destiny Family Office, LLC. These Terms of Service (“Terms”) govern your access to and use of the Destiny Access platform, including any related web pages, portals, applications, content, and communications (together, the “Platform”).
By creating an account, applying for access, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
- Definitions
“Destiny Access” or “Platform” means the private-markets access platform operated by Destiny Family Office, LLC, and all associated pages, features, and content.
“Content” means all information made available through the Platform, including descriptions of private investment opportunities, fund manager materials, educational material, documents, and communications.
“Qualified Purchaser” has the meaning given under Section 2(a)(51) of the Investment Company Act of 1940. The thresholds test is “investments,” not net worth). These are the most used thresholds: 1)a natural person or family-owned company with at least $5 million in investments or 2) an entity investing for its own account or for other QPs with at least $25 million in investments.
“User,” “you,” or “your” means the individual or entity accessing or using the Platform.
“Membership” provides access to both public and confidential financial information. Confidential information is available exclusively to Qualified Purchasers. Members can also view their private investment history through the Destiny Access platform. Membership is free, and QP status is the minimum requirement to qualify; however, meeting that threshold does not guarantee membership. Access to the website is subject to additional criteria determined by Destiny Family Office, LLC, which reserves the right to terminate any membership at any time, for any reason, in its sole discretion.
- Eligibility and Qualified Purchaser Requirement
To be considered for access, you must complete Destiny Family Office, LLC’s verification process, which may include an intake compliance screening and a separate Qualified Purchaser questionnaire. You agree that the information you provide is accurate and complete, and you agree to notify Destiny Family Office, LLC if that information changes.
Destiny Family Office, LLC may verify, request additional information about, decline, or revoke eligibility at any time. Purchaser status is the threshold to apply, not a guarantee of access. Access follows suitability review and an advisor conversation.
- Access Is Not Guaranteed; Suitability Review
Destiny Family Office, LLC may verify, request additional information about, decline, or revoke eligibility at any time. Purchaser status is the threshold to apply, not a guarantee of access. Access follows suitability review and an advisor conversation.
Access to specific investment opportunities on the Platform is not guaranteed and remains subject to Destiny Family Office, LLC’s review. That review may include an assessment of suitability and a conversation with a Destiny advisor.
Destiny Family Office, LLC may limit, condition, or decline access at any time to any opportunity or feature for any reason permitted by law, including capacity limits, regulatory requirements, and suitability considerations.
- No Offer or Solicitation
The Platform and its content are provided for informational purposes only. Nothing on the Platform is an offer to sell, or a solicitation of an offer to buy, any security, and nothing on the Platform should be relied on as such.
Any investment in a private opportunity is made only through the definitive offering documents for that opportunity, which control in all respects. In the event of any conflict between the Platform and the offering documents, the offering documents govern.
The Content does not constitute a recommendation of any security or investment strategy.
- No Investment, Legal, or Tax Advice
The Content is general in nature and does not account for your individual circumstances. The Content is not investment, legal, accounting, or tax advice. You should consult your own tax and/or legal advisors before making any investment decision.
- No Advisory Relationship Created
Destiny Family Office, LLC is a SEC Registered Investment Advisor. Registration does not imply a particular level of skill or training. Your use of the Platform does not, by itself, create an investment advisory, fiduciary, brokerage, or other client relationship between you and Destiny Family Office, LLC. An advisory relationship is established only through a separate written agreement with Destiny Family Office, LLC and not through a Subscription Agreement and/or A Private Placement Memorandum.
- Account Registration and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree not to share your credentials or allow any other person to access the Platform through your account.
Notify Destiny Family Office, LLC promptly if you believe your account has been accessed without authorization. Destiny Family Office, LLC is not responsible for losses arising from your failure to protect your credentials.
- Confidentiality of Platform Content
The Platform contains confidential and proprietary information, including non-public information about private investment opportunities and fund managers. You agree to keep all such Content confidential, to use it only to evaluate a potential investment through Destiny Family Office, LLC, and not to reproduce, distribute, or disclose it to any third party without Destiny Family Office, LLC’s prior written consent.
Specific opportunities may also be subject to a separate confidentiality or non-disclosure agreement, which will control for that opportunity. This obligation continues after your access to the Platform ends.
- Third-Party Content and Fund Manager Information
The Platform may include information prepared by third parties, including fund managers and other providers. Destiny Family Office, LLC does not independently verify all third-party information and is not responsible for its accuracy or completeness. Reliance on third-party content is at your own risk. Inclusion of any third-party opportunity or material does not constitute an endorsement.
- Market Data Feed
The Destiny Access website may display market data, pricing, index levels, valuations, and other financial information supplied by one or more third-party market data providers (the “Market Data Feed”). The Market Data Feed is provided for general informational purposes only and is not a recommendation, offer, or solicitation with respect to any security or investment.
Market Data Feed information is furnished by third parties and is not independently verified by Destiny Family Office, LLC. Such information may be delayed, may not reflect real-time values, and may contain errors, omissions, or interruptions. Values shown through the Market Data Feed are estimates or indications only and may differ from actual, executable, or realized prices and from the valuations contained in the definitive offering documents for any opportunity, which control in all respects.
Destiny Family Office, LLC does not warrant the accuracy, completeness, timeliness, or availability of the Market Data Feed and shall not be liable for any loss or damage arising from your reliance on it or from any delay, interruption, or discontinuation of the feed. Access to the Market Data Feed is subject to any applicable terms imposed by the underlying data providers, and Destiny Family Office, LLC may modify, suspend, or discontinue the Market Data Feed at any time without notice.
- Risk Acknowledgment
Private investments involve significant risk, including the risk of loss of the entire amount invested. They are generally illiquid, are not publicly traded, may involve limited or no transparency, and are suitable only for investors who can bear those risks. Past performance is not indicative of future results.
- Intellectual Property and Trademarks
The Platform, its design, and its Content are owned by or licensed under membership to Destiny Family Office, LLC. “Destiny Family Office,” “Destiny Access,” and associated logos and marks are trademarks of Destiny Family Office, LLC.
You are granted a limited, non-exclusive, non-transferable, revocable membership to access and use the Platform for your own evaluation purposes. You may not share, copy, modify, distribute, sell, or create derivative works from the Platform or its Content.
- Acceptable Use
You agree not to use the Platform to violate any law; to circumvent access, verification, or security controls; to scrape, harvest, or extract data by automated means; to introduce malicious code; to interfere with the Platform’s operation; or to misrepresent your identity or eligibility. Destiny Family Office, LLC may investigate and take appropriate action, including suspension or termination, for any suspected violation.
15.Privacy
Your use of the Platform is subject to the Destiny Privacy Notice, which describes how we collect, use, and share information. Please review it.
- Electronic Communications and Consent
You consent to receive communications from Destiny Family Office, LLC electronically, and you agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that they be in writing, consistent with the federal ESIGN Act and applicable state law. You may withdraw this consent as described in our communications or by contacting us, though doing so may limit your ability to use the Platform.
- Disclaimers of Warranties
The Platform and Content are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Destiny Family Office, LLC does not warrant that the Platform will be uninterrupted, error-free, or secure.
- Limitation of Liability
To the fullest extent permitted by law, Destiny Family Office, LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
- Indemnification
You agree to indemnify and hold harmless Destiny Family Office, LLC and its affiliates from claims arising out of your misuse of the Platform or your breach of these Terms.
- Termination and Suspension
Destiny Family Office, LLC may suspend or terminate your access to the Platform at any time, with or without notice, including for violation of these Terms, loss of eligibility, or at Destiny Family Office, LLC’s discretion. Sections that by their nature should survive termination, including confidentiality, intellectual property, disclaimers, limitation of liability, and dispute resolution, will survive.
- Modification of Terms
Destiny Family Office, LLC may modify these Terms at any time. We will post the updated Terms with a revised “Last Updated” date and, for material changes, may require you to re-accept them before continuing to use the Platform. Your continued use after an update constitutes acceptance of the modified Terms.
- Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflictof-laws principles. Subject to the dispute resolution section below, the exclusive venue for any dispute is Orange County, Florida.
- Dispute Resolution
The parties will first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a “Dispute”) informally. Before initiating any formal proceeding, the party raising the Dispute will provide written notice to the other party describing the nature of the Dispute and the relief sought, and the parties will negotiate in good faith for at least thirty (30) days following delivery of that notice.
If the Dispute is not resolved through informal negotiation, it will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, before a single arbitrator, rather than in court, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its confidential information or intellectual property. The arbitration will take place in Orange County, Florida, and will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
To the fullest extent permitted by law, any Dispute will be resolved on an individual basis, and each party waives any right to participate in a class, collective, consolidated, or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim will be severed and adjudicated in court, while all other claims will remain subject to arbitration. Any Dispute must be commenced within one (1) year after the cause of action accrues, or it will be permanently barred to the extent permitted by law. This section survives termination of these Terms.
- Severability
If any of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- Entire Agreement
These Terms, together with the Privacy Notice and any agreement governing a specific investment opportunity, constitute the entire agreement between you and Destiny Family Office, LLC regarding the Platform and supersede any prior understandings. The offering documents for any specific opportunity control with respect to that opportunity.
- Notices and Contact
Legal notices should be sent to: Destiny Family Office, LLC. 620 N. Denning Dr. Winter Park, FL. 32789