Website Terms of Use

Acceptance of Terms

Thank you for visiting our website at https://www.harpoon.vc/ (the “Site”). This Site is maintained and operated by Harpoon Management, LLC, which provides administrative and other services to various Harpoon fund entities. All use of the Site is subject to the terms and conditions contained in these Website Terms of Use (the “Terms”). Please read these Terms carefully. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you shall not access, browse or use the Site.

Modifications to these Terms

You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Use” link on the Site. The revised terms and conditions will become effective upon posting. Any use of the Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.

Website Content

This Site contains material, including but not limited to videos, logos, text, graphics and images (collectively, the “Content”) that is protected by U.S. and foreign copyright, trademark and other intellectual property laws and regulations. We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. Unauthorized use of the Content may result in violation of copyright, trademark, and other intellectual property laws and regulations. You have no rights in or to the Content and are only permitted to access and use the Content for your internal purposes. You may not copy, sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Unless approved by Harpoon in writing, the use or posting of any of the Content on any other website or computer network for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Site shall automatically terminate.

Certain Content may be made available through a password protected area on this Site. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Content through a password protected area, please note that the written agreements between you and the applicable Harpoon entity, as well as any provisions set forth in the Content, govern your respective rights and obligations with regard to such Content. In particular, Content provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and the applicable Harpoon entities generally have limited liability with respect to the accuracy and completeness of such Content.

No Solicitation or Investment Advice

Except to the extent expressly set forth in Content provided through a password protected area on this Site, or as otherwise specified by a Harpoon entity in writing, nothing on this Site is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment, legal, business or tax advice or an offer to provide such advice, or (iii) a basis for making any investment decision. The Content is provided for informational purposes and have been prepared by the applicable Harpoon entity for informational purposes to acquaint existing and prospective portfolio companies, entrepreneurs and other company founders with Harpoon’s recent and historical investment activities. The Content is not directed towards any existing or prospective investor in any Harpoon fund. The Content is provided in summary form and do not purport to be complete. Please note that any investments or portfolio companies referenced in the Content is illustrative and does not reflect the performance of any Harpoon fund as a whole. Past performance is not indicative of future results and there can be no assurance that any Harpoon fund will achieve comparable results or that any future investments will be profitable. All forward-looking statements are based upon assumptions that may not prove to be correct. There is no obligation for Harpoon to update or alter any forward-looking statements, whether as a result of new information, future events, or otherwise. Except as expressly stated by a Harpoon entity in writing, neither this Site nor any of the Content makes any effort to present a comprehensive or balanced description of any Harpoon entity or its investment activities.

External Sites

The Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact a representative of those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

Submission of Information to Harpoon

Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Site may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

Limitation of Liability and Disclaimer of Warranties

HARPOON, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “HARPOON PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE HARPOON PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE HARPOON PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY HARPOON PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HARPOON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE HARPOON PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Miscellaneous

This Site is operated and controlled by Harpoon Management, LLC in the United States of America. In accordance with industry custom, this Site occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Site or the Content, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Harpoon entity, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in San Diego County, California. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Harpoon entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. 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.