This document was last updated on April 15, 2021.
Please read these Terms of Service (this “Agreement”) carefully. Your use or access of the Site (as defined below) constitutes your consent to this Agreement
This Agreement is between you and Hord (“Company”, “Hord”, “we”, “our” or “us”) concerning your use of (including any access to) Company’s websites, including but not limited to hord.com, and each its subdomains, our mobile applications, and our web applications (collectively with any other materials and services available therein, and successor site(s) or application(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise made available to you by Company, including without limitation, during the creation, acquisition, transfer, or modification of certain digital assets, our online and/or mobile services, and software provided on or in connection with those services.
By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by accessing or using the Site, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.
This site is offered and available to users who are 18 years of age or older, or, if the registered user is an Organization, you have the right, power, and authority to enter into this agreement on behalf of the registered user and bind the registered user to its terms. If the registered user does not agree to the terms of this agreement, we will not provide our services and you must not use the Site or any of our services. Without limiting the foregoing, by using our Site, you acknowledge and understand that laws regarding financial instruments, which sometimes include Crypto Assets (as defined below), may vary from jurisdiction to jurisdiction, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of our Site. For the avoidance of doubt, the ability to access our Site does not necessarily mean that our Site, or your activities through it, are legal under the laws, regulations, or directives relevant to your jurisdiction. All of our Site or the services made available through our Site may not be available to all users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of our Site. Our Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
Through the use of the Site, individuals can interact with the Ethereum blockchain to create collateralized baskets of Crypto Assets (“Hord ETFs”) and to acquire, mint, redeem, and programmatically realign weights on Hord without intermediaries while remaining in control of their Crypto Assets. These Hord tokens rebalance signals are generated through predefined, algorithmic logic encoded into smart contracts. Certain signals have been encoded and made available by default by the Company, and others may come from third-party signal providers (“Champions”). “Crypto Assets” as used in this Agreement, refers to ERC20 tokens, implemented on the Ethereum blockchain using smart contracts, which tokens include any Hord ETF created using the Hord Protocol. Hord does not endorse any particular Hord ETF or otherwise officially advise you with respect to a particular Champion portfolio, and any predefined Champion portfolios made available on the Site are not intended to be personalized financial advice to you.
Hord will not create a hosted Wallet for you or otherwise custody Crypto Assets on your behalf, and it is your sole responsibility to maintain the security of your Wallet. In the event that you lose access to your Wallet, a private key, password, or other methods of securing your Wallet, any funds may be irretrievable, and Hord will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Hord, its affiliates and their respective shareholders, members, directors, officers, employees, agents, and representatives related to your use of any Wallet software, associated loss of funds, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may obtain as a result of any failure in smart contracts made available on the Site.
You may need or be offered the opportunity to register for an account (an “Account”) in order to access some or all of the services on the Site. When you register for an Account, you must provide accurate information and promptly update this information if it changes. You must also maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames. We reserve the right to require you to submit information confirming and verifying your identity in connection with your registration of an Account or to otherwise use certain services on the Site, and by accepting this Agreement, you agree to our verification policy as determined by us from time-to-time.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of our Site with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of our Site.
THE SITE IS AN ADMINISTRATIVE PLATFORM ONLY. WE ARE NOT A BROKER, DEALER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. THE SITE DOES NOT FACILITATE TRANSACTIONS BETWEEN BUYERS AND SELLERS, INCLUDING WITH RESPECT TO ANY TRANSACTIONS THAT OCCUR DURING A REBALANCE, WHICH TRANSACTIONS OCCUR ON THIRD-PARTY, UNAFFILIATED PLATFORMS. THE COMPANY IS NOT A COUNTERPARTY TO ANY TRANSACTION ON THE SITE OR FOR ANY USER OF THE SITE. NEITHER THE SITE NOR THE COMPANY PROVIDES FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THIS AGREEMENT OR OTHERWISE POSTED ON THE SITE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE. THE COMPANY DOES NOT SUPPORT OR ENDORSE ANY CHAMPION, AND EACH CHAMPION IS AN INDEPENDENT AGENT WITH NO EMPLOYMENT RELATIONSHIP WITH THE COMPANY.
Social Trading Services
As part of the services offered on the Site, you have the ability to follow and interact with Champions by utilizing the social trading features made available on the Site (collectively, “Social Trading”). Social Trading allows you to subscribe to and copy certain Champion’s ETFs by providing you with the ability to execute code on the Ethereum blockchain that will automatically mirror a Champion activity on the Site. You acknowledge and agree that once initiated, Social Trading will automatically result in the execution of certain transactions in accordance with predetermined strategies, and hereby consent to such automatic execution. Social Trading services also include tools to test, evaluate and select your rebalance strategy by providing you with detailed Champion information, trading history and other pertinent information (“Information”) you may want to consider before electing to subscribe to a Champion maintained ETF. We may also provide you information about your transactions, including procedures, risks, and other factual market information. However, we are under no obligation to provide such information to you and if we do, it will not constitute investment advice and is intended solely for informational purposes. In the event that we are ever acting as Champion, we will specifically identify any ETF as being affiliated with the Company.
Social Trading is a new feature and should be considered a “beta” product. In making a decision to utilize Social Trading, you hereby represent and warrant that you have considered your entire financial situation including financial commitments and you understand that using Social Trading is highly speculative and that you could sustain significant losses, including as a result of the failure of the underlying software. We do not provide any guarantee as to the performance of any particular transaction or set of transactions, portfolio, or strategy, and we do not in any manner endorse, support, sanction, encourage, verify, or agree with any Champion, portfolios or strategies. Execution of any instructions generated by our Social Trading services will occur exclusively on the Ethereum blockchain, and in no way shall we be responsible for any failure to execute any instructions or code on the Ethereum blockchain network. You hereby agree that we will not be liable to you or to any third party for any failure to execute instructions transmitted on the Ethereum blockchain network or any other defect that arises in connection with your use of the Social Trading features that are caused by a failure of the underlying blockchain network or smart contract code. You further represent and warrant that you have reviewed and acknowledged all of the risks attendant to using the Site, including the risks related to Social Trading described in this Agreement.
The Company is not providing any portfolio management services in connection with the Site. You should carefully review all claims and representations made by Champion before making a transaction decision. If you choose to engage in transactions based on Information or other content on the website or applications or elect to copy specific Champions, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility.
You should use any content or Information gathered from the Site only as a starting point for your own independent research and transactional decision making, and you must rely on your own judgment in entering into or refraining from using the Site or conducting (or not conducting) any transaction. In no event shall the Company be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any use, continued use or reliance on any information or tools, including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such Information.
We reserve the right to suspend or terminate a Champion for any reason, particularly for violations of the Company’s policies and applicable laws. You agree that we will not be liable to you or to any third party for any suspension or termination of a Champion.
By using the Site, you agree to be fully, independently, and personally liable for each transaction made on the Site by you, including, without limitation, any position automatically opened as a result of using our Social Trading features. As such, you must make sure that you are the only person with access to your Wallet and/or Account at all times. You must make sure that no minors have access to your Wallet and/or Account. In the unlikely event that a contract is entered to acquire or sell Crypto Assets at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), we reserve the right to terminate and cancel any such transaction to the extent technically feasible through blockchain networks. We will notify you of our decision to cancel the transaction and explain our reasons to you. On the other hand, you are required to inform us of any such malfunction should you experience such a malfunction whilst using the Site.
Some services on the site involve the use of the Ethereum blockchain network, which may require that you pay a fee, commonly known as “Ethereum Gas Charges,” for the computational resources required to perform a transaction. You acknowledge and agree that the Company has no control over (a) any Ethereum blockchain transactions; (b) the method of payment of any Ethereum Gas Charges; or (c) any actual payments of Ethereum Gas Charges. Accordingly, you must ensure that you have a sufficient balance of Ether stored at your Wallet to complete any transaction on the Ethereum blockchain network before initiating such transactions. We will make reasonable efforts to notify you of any Ethereum Gas Charges before initiating any services that require the use of the Ethereum blockchain network.
You may be subject to certain additional fees and commissions, including fees imposed by Champions. While we do not currently charge for the use of any of our services or access to the Site, we reserve the right to levy additional fees in the future, including fees for access to Information or service fees to support the operation of the Site. You agree to promptly pay such fees and commissions, as set forth on the Site and as applicable to your Account and the transactions and services you receive, which we may modify from time to time. In the event that we add fees to the Site or any of our services, we will alert you in writing prior to any such fees going into effect.
Notwithstanding anything in this Agreement to the contrary, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Site, and to withhold, collect, report and remit the correct amount of taxes to the appropriate tax authorities.
By acceptance of this Agreement, you agree and acknowledge that the following information and content shall be considered non-confidential and non-proprietary information and shall be publicly shown on the Site (the “Content”): your (a) username, (b) picture or avatar (if provided), (c) networks, (d) list of users who follow you (in the event you are a Champion), (e) any Champion you follow or ETF you own, and (f) posts, blogs and any other content options that enable our users to interact amongst themselves, including, without limitation, content and information you post on our community, comments, feedback, postings, “likes,” blogs and all other information that you provide to us via our website, our mobile apps, the Site, or by email, chat, fax or telephone or any other means. In addition, if you have elected to use one of our Site in connection with a social network (such as LinkedIn, Twitter, etc.), the Site will access your social network account general information, which includes your name and username in such social network, profile picture, gender, networks, user ID, list of friends, and any other information you have shared publicly on the relevant social network. All Champion portfolios, ETFs information, published information, and trading information performance results shall be considered non-confidential and nonproprietary information and as the Company’s property. By providing such Content, you specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present, and publish all or any part of your Content, and we shall be free to use such Content in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to you, including, without limitation, within or outside our website, mobile apps, the Site, advertisements, in printed media, and newspapers.
You acknowledge that you are responsible for any Content that you submit or transmit through any of our websites, applications or any posts, blogs, and any other communications and content options available to us, including your responsibility as to the legality, reliability, appropriateness, originality, and copyright of any such information or material. Additionally, you represent and warrant that: (i) you own all right title and interest in any Content provided by you, (ii) such Content does not violate any applicable laws, and (iii) the posting of your Content by us (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any Content.
Rules of Conduct
In connection with the use of the Site, you must not:
Post, transmit, or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Site for any commercial purpose except as explicitly provided by this Agreement or any other terms agreed to in writing by us, or for any purpose that is fraudulent or otherwise tortious or unlawful
Use the Site to transmit through or in connection with the Site, any spam, chain letters or other unsolicited communications.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site (including any content available thereby); or violate any requirement, procedure, or policy of such servers or networks.
Restrict or inhibit any other person from the legal use of the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Site, except to the extent such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, the Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. The company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
Activity which would violate, or assist in the violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any jurisdiction the Site operates, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
Use the Site for any purpose that could be construed as gambling or facilitating such, including but not limited to lotteries, sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes, or games of chance.
Using trading strategies aimed at exploiting errors in prices, conducting transactions at off-market prices, or taking advantage of Internet issues, blockchain network failures, connectivity delays, market events, price feed errors, or other clear defects where prices displayed on the Site do not actually reflect the market rates or entering into transactions or combinations of transactions which, taken together or separately, are for the purpose of manipulating the Site.
Access to the Site and the Services
Access to the Site and the Services
License. Subject to this Agreement, Hord grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and related content, materials, information (collectively, the "Site Content") solely for your personal use. Any other use of the Site or Site Content is expressly prohibited and all other rights, title, and interest in the Site or Site Content is exclusively the property of Hord and its licensors.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to this Agreement. All copyright and other proprietary notices on the Site (or on any Site Content) must be retained on all copies thereof.
Site and Service Availability. Hord shall use commercially reasonable efforts to attempt to provide the Site on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that Hord undertakes from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, failure on or congestion of the Ethereum blockchain network, hostile network attacks, network congestion or other failures. You acknowledge and agree that Hord has no control over the availability of this Site on a continuous or uninterrupted basis and that Hord assumes no liability to You or any other party with regard to such, including but not limited to loss of revenue.
Customer Support. The Site and any related services are provided “as-is” and Hord does not commit to providing any Customer Support in connection with the Site and is under no obligation to do so. However, we are happy to discuss any challenges or questions you may have about the Site and may offer assistance on a case-by-case basis. If you have questions about any aspect of the Site, you can send an email to [email protected]
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Site Content, are owned by Hord or Hord’s suppliers. Neither this Agreement nor your access to the Site transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Agreement. Hord and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
Risks and Disclaimers
Use of the Site and participation in Transactions may carry financial risk. “Transactions” as used in this Agreement are defined as direct interactions with Hord Protocol smart contracts on the Ethereum blockchain. You acknowledge and agree that you are aware of such risks, including the following:
Transactions in Crypto Assets can be very risky. Crypto Assets are, by their nature, highly experimental, risky, volatile and Transactions are generally irreversible. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether any transaction, or strategy, or any other product or service is appropriate or suitable for you based on your own objectives and personal and financial situation. You acknowledge and agree that you will access and use the Site and participate in Transactions at your own risk.
Understanding Crypto Assets and Transactions may require advanced technical knowledge. Crypto Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks of transacting Crypto Assets. Any reference to a type of Token on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of Token, and should not be used as a substitute for your own understanding of the risks specific to each type of Token. We make no warranty as to the suitability of the Crypto Assets referenced on the Site and assume no fiduciary duty in our relations with you.
In entering into any Transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the Transaction and the underlying Crypto Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any Transaction or any underlying Token. You accept all consequences of participating in Transactions, including the risk that you may lose access to your Crypto Assets indefinitely. All Transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with Transactions. Under no circumstances will the operation of all or any portion of the Site be deemed to create a relationship that includes the provision or tendering of investment advice.
The prices of Crypto Assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility.
Our Service does not store, send, or receive Crypto Assets. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service, as such transfers are generally not reversible or cancelable.
You use the Social Trading features at your own risk, and the Company, and our affiliates, employees, clients, and agents, will not be liable to you for any losses that you may sustain as a result of your use of such features. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether any transaction, or strategy, or any other product or service is appropriate or suitable for you based on your own objectives and personal and financial situation.
All positions taken using a Social Trading feature shall be modified or closed automatically if and when modified or closed by the copied Champion, for whatsoever reason, without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of the entire investment you made in such copied Champion or fund. You are fully responsible for any losses you may sustain as a result of your automatic execution of instructions generated as a result of the utilization of any of the Social Trading features. If you place additional trades or you modify or cancel an order generated by a Social Trading feature, you may achieve a materially different result than the Champion that you copied.
Neither the Company nor any Champion, portfolio, or strategy guarantees the future performance of your Crypto Asset, any specific level of performance, the success of any transaction strategy, or the success of your overall management of the Account. When reviewing the Information, portfolio, financial performance information, opinions of Champions, you should not assume that the user is unbiased, independent, or qualified to provide financial information or opinions. Past performance and risk scores have many inherent limitations and are not indicative of future results. No representation or guarantee is being made that any Champion will or is likely to achieve gains or losses similar to the past performance or risk score showed. The actual percentage gains or losses experienced by investors will vary depending on many factors
To the maximum extent permissible under applicable law, neither we nor any of our affiliates will be liable for (a) any loss arising from following your written or oral instructions, (b) any loss that you may suffer by reason of any decision made or other action taken by an account elected to be copied by you, including without limitation, a Company Champion or Trader account; or (c) any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy or portfolio, including, without limitation, a CompanyChampion or Trader account. Notwithstanding the foregoing, nothing in these Terms will waive or limit any rights that you may have under any applicable laws which may not be waived or limited.
You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your Transactions, including tax laws. You are advised to consult an attorney regarding the legality of any activities on the Site. You are solely responsible for reporting and paying any taxes arising from your use of the Site and participation in any Transaction.
You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of a Transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any Viruses that may affect your computer or other equipment, or any phishing, spoofing or any other type of similar activity.
There are risks associated with using an Internet-based currency, including but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Site, however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies, and Crypto Assets is uncertain. New regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets. You are advised to consult with legal counsel regarding the Site’s contents in your jurisdiction.
You accept and confirm that a conflict of interest may arise when the interest of the Company and its affiliates competes or may appear to compete with your interests under this Agreement. Specifically, you hereby acknowledge and confirm that: (a) we may participate in certain transactions or auctions during a rebalancing period in an individual capacity ; (b) we may execute at the same time our own orders which may be opposite a user; (c) we may establish a business, including without limitation, trading relationships with other issuers of financial instruments and we may have a financial interest in such instruments; (d) we may seek to act as a market maker and in this context, there may be inherent conflicts of interest; and (e) we may compensate or share our revenues from your activity with our affiliates, partners or other similar parties performing marketing activities on our behalf. You hereby further acknowledge that we also may compensate Champions who you have elected to follow or copy. Hord does not currently charge fees or compensate individuals in a manner that would cause such conflict of interest to arise, but we reserve the right to do so, and you hereby acknowledge and agree that you understand the risks attendant to this potential conflict of interest.
The Service will rely on third-party platforms such as MetaMask and Fortmatic to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Site will suffer. The terms and conditions of MetaMask and/or Fortmatic will govern your use of MetaMask and/or Fortmatic and may be subject to update from time to time.
The Company does not own or control the underlying software protocols which govern the operation of Crypto Assets available through the Site. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. The Company is not responsible for the operation of the underlying protocols, and the Company makes no guarantee of their functionality, security, or availability. The underlying protocols are subject to sudden changes in operating rules (“Forks”), and such Forks may materially affect the value, function, or even the name of a Crypto Asset available on the Site. In the event of a Fork, we may temporarily suspend the Site’s operations (with or without advance notice to you) and we may (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the Forked protocol entirely.
Warranties and Disclaimers
We have put in a great deal of effort to deliver you the Site and we hope you find it valuable, but there are certain things we can’t promise about them. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND ANY SITE CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS (“HORD APP PARTIES”) MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE OR SITE CONTENT. THE SITE AND SITE CONTENT ARE PROVIDED “AS IS.” THE COMPANY DOES NOT WARRANT THAT: (1) THE OPERATION OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE; (2) THE FUNCTIONS CONTAINED IN THE SITE OR SITE CONTENT WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; OR (3) ANY DEFECTS IN THE SITE OR SITE CONTENT WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE RESPONSIBLE TO YOU FOR ANY: (1) LOSS OF USE, DATA, BUSINESS OR PROFITS; (2) FINANCIAL LOSSES; OR (3) INDIRECT, SPECIAL CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS WILL BE WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to any use of the Site's content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
Governing Law and Venue
This Agreement and your access to and use of the Site will be governed by the laws of the State of British Virgin Island (BVI), without regard to conflict of law rules or principles (whether of the State of BVI or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the courts of the State of BVI.
Designated Countries Privacy Rights
This Section only applies to users and customers of the Site that are located in the European Economic Area, United Kingdom, and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Sites, or we may rely on your IP address to identify which country you are located in. Where we rely only on your IP address, we cannot apply the terms of this Section to any User or Customer that masks or otherwise obfuscate their location information so as not to appear located in the Designated Countries. If any terms in this Section conflict with other terms contained in this Agreement, the terms in this section shall apply to Users and Customers in the Designated Countries.
We are a data controller with regard to any personal information collected from Customers or Users of its Site. A “data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are “data processors” that handle your personal information in accordance with our instructions.
You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract, or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible unless the exercise of this right adversely affects the rights and freedoms of others.
If you believe we have infringed or violated your privacy rights, please contact us at [email protected]hord.app so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of the alleged infringement.
Changes to this Agreement
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Site or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Site applies. Updated versions of the Agreement are binding on you with respect to your use of the Site on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Site. Your continued use of the Site after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Company.