PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online service where you can access our services as "Herd Ventures".
You must meet certain eligibility criteria to use Herd Ventures. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Herd Ventures. Additionally, there are certain things you cannot do when using Herd Ventures, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details. By using our website, you represent and affirm that you are at least 18 years old as an individual, have the legal capacity to enter into this User Agreement by and between you and Herd Ventures, and agree to be legally bound by the terms and conditions of this User Agreement in their entirety.
This website is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this site should be construed as a recommendation by Herd Ventures LLC (“Herd Ventures”), its affiliates, or any third party, to acquire or dispose of any investment or digital asset, or to engage in any investment strategy or transaction. An investment in any strategy involves a high degree of risk and there is always the possibility of loss, including the loss of principal. Nothing in this site may be considered as an offer or solicitation to purchase or sell digital assets or other services.
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us through support if you have any questions at Herd Ventures.
Herd Ventures will not treat users of its website as its clients by virtue of their accessing the website. Nothing contained in these Terms is intended to modify any other written agreement you may have with Herd ventures, if any, that may be in effect. In the event of any inconsistency between these Terms and any other written agreements with Herd ventures, the terms of the other written agreements shall control.
These Terms of Service and any terms expressly incorporated herein ("Terms") set forth the legally
Capitalized terms not otherwise defined in these Terms will have the following meaning:
"External Wallet" means any Digital Asset wallet Account: (i) from which you may transfer Funds (non fiat) into our Herd Ventures Wallet, and (ii) to which you may receive Funds from our Herd Ventures Wallet upon completion of vesting period of funds.
"Funds" means Digital Asset.
"Digital Asset" means USDC, USDT, bitcoins, ripples and other digital assets that may be used on the platform to avail our Services.
Herd Ventures may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of any Restricted Locations, or; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Interpol's Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Herd Ventures may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Herd Ventures will keep you informed of these on its website. Herd Ventures may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Herd Ventures’s decisions with respect to eligibility are final.
Please refer to our Privacy Notice for information about how we collect, use and share your information.
We do not provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this website should be construed as a recommendation, by Herd Ventures, its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment
strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
This website and the information included herein is for general information purposes only. Under no circumstances should any material on this website be used or considered as an offer to sell or a solicitation of an offer to buy any security, future or other financial product or instrument, including any interest in any investment fund sponsored or managed by Herd Ventures or any of its affiliates or any investment advisory services offered by herd ventures or its affiliates.
It is your complete responsibility to determine what, if any, taxes apply to the investment made by you in any projects listed on our website, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Herd Ventures is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Investment Risk. >An investment in any strategy, including the strategies described herein, involves a high degree of risk. There is no guarantee that the investment objective will be achieved. Past performance of these strategies is not necessarily indicative of future results. There is the possibility of loss and all investment involves risk including the loss of principal.
There are various risks you assume in relying on the Content. Dated Content speaks only as of the date indicated. We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Website even if we are aware it is inaccurate, outdated, or otherwise inappropriate. We may change all or any portion of the Website at any time without notice to you. You agree we are not liable for any action you take or decision you make in reliance on any Content.
Internet transmission risks. >You acknowledge that there are risks associated with utilizing an Internet-based investment system including, but not limited to, the failure of hardware.
You acknowledge that Herd Ventures shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when investing via the Services, however caused.
You hereby allow us to deduct upfront 10-12% (“Fees”)from your investment amount towards the services we offer to you. Herd Ventures is hereby authorized to change this percentage from time to time. Changes to the Fees are effective as of the effective date indicated in the posting of the revised Fee to the Services, and will apply prospectively to any investment made following the effective date of such revised Fee.
In addition to the Fees, your External Wallets may impose fees in connection with your use of your designated External Wallet via the Services. Any fees imposed by your External Wallet provider will not be reflected on our website screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Wallet provider.
Payment of Fees. You authorize us to deduct from your investment transferred to Herd Ventures Wallet for any applicable Fees owed in connection with investments you make via the Services.
The communications between you and Herd Ventures use electronic means, whether you use the Website or send us emails, or whether Herd Ventures posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Herd Ventures in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Herd Ventures provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
When accessing or using the Website, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use our Website to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Website or to extract data;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any area of our Website that you are not authorized to access;
Develop any third-party applications that interact with our Website without our prior written consent;
Provide false, inaccurate, or misleading information; and
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Herd Ventures that you provide, whether by email, posting on our Website or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Herd Ventures. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection therewith, including, without limitation, the Herd Ventures or Herd Ventures logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Herd Ventures Materials") are the proprietary property of Herd Ventures or our licensors or suppliers and are protected by Wyoming and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Herd Ventures Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Herd Ventures Materials; (b) the distribution, public performance or public display of any Herd Ventures Materials; (c) modifying or otherwise making any derivative uses of the Herd Ventures Materials, or any portion thereof; or (d) any use of the Herd Ventures Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
"Herd Ventures," the Herd Ventures logo and any other Herd Ventures product or service names, logos
or slogans that may appear on our Services are trademarks of Herd Ventures, in Wyoming and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Herd Ventures without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of Herd Ventures. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Herd Ventures and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
If you believe that any Content violates yours or a third party's copyright, please notify us by providing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Herd Ventures, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Website. We may terminate your access to the Website in our sole discretion, immediately and without prior notice. In the event of termination, Herd Ventures will attempt to return any Funds transferred to us from your externa wallet and not otherwise owed to Herd Ventures, unless Herd Ventures believes you have committed fraud, negligence or other misconduct.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Website.
THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). HERD VENTURES MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE WEBSITE MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HERD VENTURES AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERD VENTURES AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THE WEBSITE OR MATERIALS CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF APOLLO, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF HERD VENTURES AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO HERD VENTURES, IF ANY, FOR YOUR ACCESS TO THE WEBSITE.
PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Herd Ventures (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Herd Ventures agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT. You and Herd Ventures agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Herd Ventures shall be sent to
You and Herd Ventures further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Wyoming; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the provisions of Chapter 36 Arbitration of the Civil Procedure Code of Wyoming; and (d) that the state or federal courts in Wyoming have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Wyoming and applicable Wyoming law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Herd Ventures for the Services or for any other Herd Ventures product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Herd Ventures, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Herd Ventures shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Herd Ventures's reasonable control, including but not limited to flood, extraordinary weather conditions, Covid19, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Herd Ventures's reasonable control (each, a Force Majeure event).
>You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Herd Ventures, including by operation of law or in connection with any change of control. Herd Ventures may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
Clauses - (Eligibility), (Risk Disclosure), (Fees), (Feedback), (Copyrights), (Trademarks), (Third-Party Content), (Disclaimer and Limitation of Liability); (Indemnity), (Applicable Law; Arbitration) and this clause (Miscellaneous) shall survive any termination or expiration of these Terms.
Herd Ventures maintains licenses and registrations in certain jurisdictions to provide you our Services. These licenses or registrations may impact our provision and your use of our services depending on where you live or are domiciled. Information regarding certain of Herd Ventures’s licenses and registrations, or lack thereof, and corresponding disclosures can be found on the Herd Ventures website pages, which is incorporated into these Terms by reference. By using Herd Ventures website, you acknowledge that you have read, understand and agree to those disclosures that are applicable to you.
This website (the “Website”) is intended solely to provide general information about Herd Ventures, its services to entrepreneurs and management teams, and its personnel.
Nothing on the Website is directed at or should be relied upon by any investors or prospective investors in any project posted by Herd ventures. Herd Ventures does not intend to solicit or make its investment advisory services available to the general public. Under no circumstances should any information provided on this Website be considered as an offer soliciting the purchase or sale of any security or interest in any pooled investment project sponsored by Herd Ventures nor should it be construed as an offer to provide investment advisory services.
Nothing on this Website constitutes investment, accounting, tax or legal advice or is a recommendation that you purchase, sell or hold any security or other investment or that you pursue any investment style or strategy. Views expressed in “posts” by any individual (including any podcasts, videos, and social media) are those of the individual quoted therein and are not the views of Herd Ventures. Any opinions expressed on this Website are subject to change.
Any investments or portfolio companies described or referred to on this Website are not representative of all investments made by funds posted by Herd Ventures and there can be no assurance that the investments described are, or will be, profitable or that other investments made in the future will have similar character or results.