Terms of Use
These Terms and Conditions (the "Terms") govern access to and use of Electric Capital Partners, LLC's website and associated Materials, including email newsletters, associated content distribution platforms, and public online social media accounts (collectively, the "Materials"). These Terms constitute a binding contract between users and Electric Capital Partners, LLC (together with its affiliates, "Electric Capital"). Use of the Materials indicates agreement to be bound by these Terms, which include the Privacy Policy. The Terms may be updated at any time without prior notice, and such modifications will be effective immediately upon posting unless indicated otherwise. Continued access to and use of the Materials after any changes to the Terms have been posted constitutes your binding acceptance of such changes.
By using the Materials, you represent and warrant that you have the full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms. Furthermore, your use represents that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms. You agree that Electric Capital is not liable for any action you take or decision you make in reliance on the Materials.
DISPUTES ABOUT THESE TERMS AND THE MATERIALS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN SECTION 5 BELOW.
1. No Advice, Offer, or Solicitation
Electric Capital is an investment adviser registered with the Securities and Exchange Commission (the "SEC"). Registration with the SEC does not imply a certain level of skill or training. Additional important information about Electric Capital, including our Form ADV Part 2A Brochure, is available at the SEC's website: https://www.adviserinfo.sec.gov/. Nothing in the Materials is directed at nor should be relied upon by any investors or prospective investors in any vehicle managed by Electric Capital. Electric Capital does not intend to solicit or make its investment advisory services available to the general public. Charts provided herein are for informational purposes only and should not be relied upon when making any investment decision.
The Materials are intended solely to provide general information about Electric Capital, its services to founders, and its team. Certain Materials may contain forward-looking statements based on current expectations, estimates, and projections. Actual outcomes may differ materially due to known and unknown risks. Electric Capital undertakes no obligation to update or revise such statements. Nothing contained in the Materials constitutes:
- An offer to sell or solicitation to buy any security, investment product, or interest in any investment vehicle
- Investment, legal, financial, tax, or other professional advice
- A recommendation to pursue any investment strategy or transaction
- An offer of investment advisory Materials
- A complete description of the investment approach or portfolio
Under no circumstances should any information provided in the Materials be considered as an offer soliciting the purchase or sale of any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by Electric Capital, nor should the Materials be construed as an offer to provide investment advisory services. You understand and agree not to construe any portion of the Materials as a recommendation to engage in any transaction involving digital assets.
With respect to digital assets, including but not limited to cryptocurrencies, tokens, and other blockchain-based assets: these investments involve unique and substantial risks, including but not limited to technological vulnerabilities, regulatory uncertainty, market manipulation, and potential complete loss of value. Digital assets may be subject to significant volatility, limited regulatory oversight, emerging technological protocols, and uncertain legal treatment across jurisdictions. Many digital assets constitute novel technological and financial instruments with unique characteristics that may not be fully understood or established. The technological protocols underlying digital assets may contain flaws, vulnerabilities, or other technological risks that could result in loss of functionality or value. Additionally, the regulatory framework for digital assets continues to evolve, and changes in laws, regulations, or enforcement priorities may adversely impact the value, transferability, or legality of holding digital assets. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under federal securities laws.
Electric Capital does not endorse or promote any specific digital asset, token, blockchain, or protocol. Certain digital assets may constitute securities under applicable law. You are solely responsible for understanding and complying with applicable legal obligations before acquiring or transacting in digital assets.
2. Restrictions on Use, Citation Requirements, and Security
2.1 – Website Content and Permitted Access
All content in the Materials — including information, photos, podcasts, blog posts, videos, graphics, charts, icons, code, design, and overall appearance — are the property of Electric Capital, its affiliates, and/or third parties and are protected by international intellectual property laws. All trademarks, trade names, and logos displayed in the Materials are the property of Electric Capital, its affiliates, or respective third-party owners. Electric Capital retains all rights, title, and interest in and to the Materials.
The Materials may be accessed and used only for non-commercial purposes. Appropriating and selling the Materials, or including the Materials as part of any commercial product is expressly forbidden. You may not commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Materials without Electric Capital's express written consent. The Materials constitute a public good that should be used by the community and to advance crypto as a whole. All use must also comply with applicable laws and regulations.
You must not misappropriate the design or content of the Materials. You must not alter or deface such design or content in any way. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Materials. Your use of the Materials is for your own personal, non-commercial use. You may not publish, broadcast, reproduce, repackage, retransmit, or frame all or any portion of the Materials without appropriately crediting Electric Capital, including with Electric Capital's name, logo, and a link back to the source Materials. Specifically, you must cite Electric Capital as the originator of the Materials that you use and link back to whichever website created or operated by Electric Capital or its affiliates as the source immediately adjacent to the location that showcases the Materials or any excerpt therefrom. This means you may not hide a link to the Materials as a citation in a secondary page, generate a graph to show your users, and imply that this data is your own. If you republish, reproduce, or otherwise copy any of the Materials, you must leave in place any watermarks that appear in the original, cite Electric Capital as the source of the information, and link back to https://www.electriccapital.com/, https://www.developerreport.com/, https://nftpulse.org/, https://stablepulse.org/, or any other website created or maintained by Electric Capital or its affiliates used as the source of the data. You may not use the Materials in a manner that suggests endorsement or partnership with Electric Capital without our express written permission.
2.2 – Content and Disclosures
Views expressed in articles or posts (including podcasts, videos, and social media) are those of the individual Electric Capital personnel quoted therein and are not the views of Electric Capital. Any products or services referenced in articles reflect the opinion of the individual author and are not to be interpreted as agreement or endorsement by Electric Capital of any individual, product, service, or point of view. In the event that any Electric Capital or Electric Capital-affiliated social media site or account follows another user, references external websites, links to, or re-tweets any third-party content, it is in no way an endorsement or adoption by Electric Capital of any kind.
Any charts, projections, estimates, forecasts, targets, prospects, and/or opinions expressed in the articles or on Electric Capital's website are subject to change without notice and may differ or be contrary to opinions expressed by others. Certain information has been obtained from third-party sources, including from portfolio companies of funds managed by Electric Capital. Any content in articles or posts is subject to change without notice. Any and all information contained in articles or posts is presented "AS IS", and Electric Capital makes no representations or warranties, express or implied, as to the accuracy or completeness of the statements or any information made public through an Electric Capital article or post and any liability therefore is expressly disclaimed. Electric Capital makes no representations about the enduring accuracy of information or its appropriateness for any given scenario.
The articles or posts are not directed to any investors or potential investors. Any content included in posts or on the website is informational only and not an offer, solicitation or recommendation to buy or sell securities or pursue any particular investment strategy and does not constitute the provision of investment advice. Electric Capital does not provide advice of any kind through its website, articles, or posts. Information in the articles or posts may not be used or relied upon in evaluating the merits of any investment. You should consult your own advisers as to business, financial, tax, legal, or other related matters concerning any investment.
An offer to invest in an Electric Capital-managed investment vehicle will be made separately and only by means of the confidential offering documents of the specific investment vehicles, which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under federal securities laws.
Any investments or portfolio companies described or referred to in a post or on this website are not representative of all investments made by funds managed by Electric Capital 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. Any investment in a vehicle managed by Electric Capital involves a high degree of risk including the risk that the entire amount invested is lost. A non-exhaustive list of investments made by funds managed by Electric Capital is available here: https://www.electriccapital.com/investments. Excluded from this list are investments (and certain publicly traded cryptocurrencies or other digital assets) for which the issuer has not provided permission for Electric Capital to disclose publicly. Past results of Electric Capital investments or investment strategies are not necessarily indicative of future results.
2.3 – Security and Prohibited Activities
We make reasonable efforts to ensure that the website is secure, but we do not guarantee the security of the website. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the website. We are not liable for any defects, delays, or errors in or resulting from your use of the website. Users must not circumvent these measures, and Electric Capital reserves the right to suspend access for any user reasonably believed to be engaging in prohibited activities, including but not limited to:
- Unauthorized access attempts to non-public areas of the Materials
- Testing, scanning, or probing for security vulnerabilities
- Automated data collection without express permission from Electric Capital
- Distribution of malware or fraudulent activities
- Impersonation of Electric Capital or team members
Furthermore, if it is illegal or prohibited in your country of origin to access or use the Materials, then you should not do so. Those who choose to access the Materials outside the US access it on their own initiative and are responsible for compliance with all local laws and regulations.
2.4 – Additional Measures
We make reasonable efforts to ensure that the Materials are accurate, but at times, we may not promptly update or correct the Materials even if we are aware that the Materials include information or content that is inaccurate, outdated, or otherwise inappropriate. We reserve the right, at any time, to modify, suspend, or discontinue the Materials (in whole or in part) with or without notice to you. You agree that Electric Capital will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Materials or any part thereof.
All or any portion of the Materials may not be available and may not function properly at any time. We are not liable for any technological problems and any impact they may have. We make reasonable efforts to avoid technological problems, but at any time, the Materials may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
The Materials may link to or integrate with other websites operated or content provided by third parties, and such other websites may link to the Materials. Electric Capital has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites. Electric Capital is providing these links to you only as a convenience. You release and hold Electric Capital harmless from any and all liability arising from your use of any third-party website or service.
2.5 – Compliance and Misuse Reporting
Electric Capital reserves the right to monitor public usage of its Materials and to enforce its intellectual property and branding rights as described in these Terms.
If you believe any use of the Materials violates these Terms, including improper citation, reproduction without attribution, or misuse of Electric Capital's brand or content, please report it immediately to info@electriccapital.com.
Electric Capital may take appropriate action, including requesting takedowns, revoking access to Materials, or pursuing legal remedies as permitted by law.
3. Privacy and Data Collection
Electric Capital does not use cookies, web beacons or similar tracking technologies, nor collect or store personal information about visitors. We do not collect or retain personal information from visitors unless such information is voluntarily submitted through contact forms or direct communications. Information submitted through contact forms or email is handled according to applicable law and used solely for the purpose provided. More information on our data collection and privacy practices can be found in our Privacy Policy.
By using the Materials or submitting any personal information to Electric Capital, you acknowledge and agree to the terms of our Privacy Policy, which is hereby incorporated into and made a part of these Terms by reference.
4. Limitation of Liability
ALL MATERIALS ARE PROVIDED "AS IS," MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE MATERIALS THAT THE LAW ALLOWS US TO DISCLAIM. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF ELECTRIC CAPITAL, ITS AGENTS, AND EMPLOYEES TO ANY USER OF THE MATERIALS WITH RESPECT TO THE MATERIALS IS $100.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
You will be responsible for any liability to us that arises out of your breach of the Terms or your use of the website. You agree to indemnify, defend, and hold harmless Electric Capital and our affiliates, agents, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to: (i) your use of the Materials (including any actions taken by a third party using your account), (ii) your breach of the Terms or any representation, warranty, or covenant made by you in the Terms, (iii) your violation of any applicable law, statute, ordinance, regulation, or of any third party's rights, or (iv) claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in the Terms.
The Terms will be governed by and construed and enforced in accordance with the laws of California, without regard to conflicts of law principles. The courts of California will have exclusive jurisdiction to adjudicate any dispute arising out of the Terms, except with regard to injunctive relief.
5. Mandatory Arbitration and Class Action Waiver
Notwithstanding the arbitration provisions below, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened: (i) breach of confidentiality obligations; (ii) misappropriation or infringement of intellectual property rights; or (iii) violation of applicable law, without first engaging in arbitration. This right shall be in addition to, and not in lieu of, any other remedies available under these Terms or at law or equity.
You and Electric Capital shall use best efforts to settle any dispute, claim, question, or disagreement arising out of or related to the subject matter of these Terms directly through good faith negotiations, which shall be a precondition to either party initiating arbitration.
In the event that such negotiations do not resolve the dispute, you and Electric Capital agree that such disputes will be finally settled by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance with Title 9 of the United States Code, unless the parties mutually agree otherwise in writing. Notice of the demand for arbitration must be filed, in writing, with the other party and must be made within a reasonable time after the dispute has arisen. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a party, will apply to any arbitration or reference proceeding hereunder. The arbitration will be decided by a panel of three (3) arbitrators selected under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be initiated in Palo Alto, California. Said arbitration will occur within thirty (30) consecutive days after the party demanding arbitration delivers the written demand on the other party, unless the parties mutually agree otherwise in writing. The award rendered by the arbitrators will be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the parties, no arbitration arising out of or relating to these Terms may include, by consolidation, joinder or in any other manner, any person or entity not a party to the Terms under which such arbitration arises. The arbitration agreement herein among the parties will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither party will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency. The arbitrators will award to the prevailing party, if any, as determined by the arbitrators, all of its Costs and Fees. "Costs and Fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses (such as copying and telephone), court costs, witness fees, and attorneys' fees.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above will be null and void in their entirety and the parties will be deemed to have agreed not to arbitrate disputes.
6. Entire Agreement
These Terms set forth the entire agreement between you and Electric Capital with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. Electric Capital's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
7. Contact Information
Any questions, concerns or complaints regarding these Terms should be sent to info@electriccapital.com.