Agreement between site User and mustrdseed.com (MustrdSeed Portal LLC, MustrdSeedVentures Inc., MustrdSeed Capital LLC.)The mustrdseed.com website (the “Site”) is comprised of various web pages operated byMustrdSeed Portal LLC (“MustrdSeed”). mustrdseed.com is offered to you conditioned on youracceptance without modification of the terms, conditions, and notices contained herein (the”Terms”). Your use of mustrdseed.com constitutes your agreement to all such Terms. Please readthese terms carefully, and keep a copy of them for your reference
Privacy
Your use of mustrdseed.com is subject to MustrdSeed’s Privacy Policy. Please review ourPrivacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting mustrdseed.com or sending emails to MustrdSeed constitutes electroniccommunications. You consent to receive electronic communications and you agree that allagreements, notices, disclosures and other communications that we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communications be in writing
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account andpassword and for restricting access to your computer, and you agree to accept responsibility forall activities that occur under your account or password. You may not assign or otherwisetransfer your account to any other person or entity. You acknowledge that MustrdSeed is notresponsible for third party access to your account that results from theft or misappropriation ofyour account. MustrdSeed and its associates reserve the right to refuse or cancel service,terminate accounts, or remove or edit content in our sole discretion.
Cancellation/Refund Policy
An investor may cancel any investment up to 48 hours and receive a refund of such investmentwithout any fees or penalties for any reason. An investor may cancel his or her investment forany reason up to 48 hours before an offering’s close and receive a full refund of such investment
without any fees or penalties by sending an email to support@mustrdseed.com with the subjectline of “Cancel Investment” and identifying the particular investment to be canceled. Refundswill be processed within (24) twenty-four hours
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under thecontrol of MustrdSeed and MustrdSeed is not responsible for the contents of any Linked Site,including without limitation any link contained in a Linked Site, or any changes or updates to aLinked Site. MustrdSeed is providing these links to you only as a convenience, and the inclusionof any link does not imply endorsement by MustrdSeed of the site or any association with itsoperators
Certain services made available via mustrdseed.com are delivered by third party sites andorganizations. By using any product, service or functionality originating from themustrdseed.com domain, you hereby acknowledge and consent that MustrdSeed.com may sharesuch information and data with any third party with whom MustrdSeed has a contractualrelationship to provide the requested product, service or functionality on behalf ofmustrdseed.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these termsof use. As a condition of your use of the Site, you warrant to MustrdSeed that you will not usethe Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Sitein any manner which could damage, disable, overburden, or impair the Site or interfere with anyother party’s use and enjoyment of the Site. You may not obtain or attempt to obtain anymaterials or information through any means not intentionally made available or provided forthrough the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of MustrdSeed or itssuppliers and protected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and other proprietary notices,legends or other restrictions contained in any such content and will not make any changesthereto.
You agree to not modify, publish, transmit, reverse engineer, participate in the transfer or sale,create derivative works, or in any way exploit any of the content, in whole or in part, found onthe Site. MustrdSeed content is not for resale. Your use of the Site does not entitle you to makeany unauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of MustrdSeed and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,to the intellectual property of MustrdSeed or our licensors except as expressly authorized bythese Terms.
Links to Third Party Sites/Third Party Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,personal web pages, calendars, and/or other message or communication facilities designed toenable you to communicate with the public at large or with a group (collectively,”Communication Services”). You agree to use the Communication Services only to post, sendand receive messages and material that are proper and related to the particular CommunicationService. Further, you agree that when using a Communication Service, you will not: defame,abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy andpublicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane,defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;upload files that contain software or other material protected by intellectual property laws (or byrights of privacy of publicity) unless you own or control the rights thereto or have received allnecessary consents; upload files that contain viruses, corrupted files, or any other similarsoftware or programs that may damage the operation of another’s computer; advertise or offer tosell or buy any goods or services for any business purpose, unless such Communication Servicespecifically allows such messages; conduct or forward surveys, contests, pyramid schemes orchain letters; download any file posted by another user of a Communication Service that youknow, or reasonably should know, cannot be legally distributed in such manner; falsify or deleteany author attributions, legal or other proper notices or proprietary designations or labels of theorigin or source of software or other material contained in a file that is uploaded; restrict orinhibit any other user from using and enjoying the Communication Services; violate any code ofconduct or other guidelines which may be applicable for any particular Communication Service;harvest or otherwise collect information about others, including e-mail addresses, without theirconsent; violate any applicable laws or regulations.
MustrdSeed regularly reviews materials posted to a Communication Service and may removeany materials posted on a Communication Service in its sole discretion. MustrdSeed reserves theright to terminate your access to any or all of the Communication Services at any time withoutnotice for any reason whatsoever.
MustrdSeed reserves the right at all times to disclose any information as necessary to satisfy anyapplicable law, regulation, legal process or governmental request, or to edit, refuse to post or toremove any information or materials, in whole or in part, in MustrdSeed’s sole discretion.
Always use caution when giving out any personally identifying information about yourself inany Communication Service. MustrdSeed does not control or endorse the content, messages orinformation found in any Communication Service and, therefore, MustrdSeed specificallydisclaims any liability with regard to the Communication Services and any actions resulting fromyour participation in any Communication Service. Issuers and other investors are not authorizedMustrdSeed spokespersons, and their views do not necessarily reflect those of MustrdSeed.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,reproduction and/or dissemination. You are responsible for adhering to such limitations if youupload the materials.
Materials Provided to the Site or Posted on Any MustrdSeed Web PageMustrdSeed does not claim ownership of the materials you provide to the Site (includingfeedback and suggestions) or post, upload, input or submit to any MustrdSeed Site or ourassociated services (collectively “Submissions”). However, by posting, uploading, inputting,providing or submitting your Submission you are granting MustrdSeed, our affiliated companiesand necessary sublicensees permission to use your Submission in connection with the operationof their internet businesses including, without limitation, the rights to: copy, distribute, transmit,publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; andto publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.MustrdSeed is under no obligation to post or use any Submission you may provide and mayremove any Submission at any time in MustrdSeed’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant andrepresent that you own or otherwise control all of the rights to your Submission as described inthis section including, without limitation, all the rights necessary for you to provide, post,upload, input or submit the Submissions.
Fee's
MustrdSeed is compensated by issuers and you may view the portal fees page by clicking here.
Third Party Accounts
You may be able to connect your MustrdSeed account to third party accounts. By connectingyour MustrdSeed account to your third party account, you acknowledge and agree that you areconsenting to the continuous release of information about you to others (in accordance with yourprivacy settings on those third party sites). If you do not want information about you to be sharedin this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by MustrdSeed from our offices within theUSA. If you access the Service from a location outside the USA, you are responsible forcompliance with all local laws. You agree that you will not use the MustrdSeed content accessedthrough the Site in any country or in any manner prohibited by any applicable laws, restrictionsor regulations.
Indemnification
You agree to indemnify, defend and hold harmless MustrdSeed, its officers, directors,employees, agents and third parties, for any losses, costs, liabilities and expenses (includingreasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any of these Terms or your violationof any rights of a third party, or your violation of any applicable laws, rules or regulations.MustrdSeed reserves the right, at its own cost, to assume the exclusive defense and control ofany matter otherwise subject to indemnification by you, in which event you will fully cooperatewith MustrdSeed in asserting any available defenses.
Arbitration
This agreement contains an Arbitration pre-dispute arbitration clause. By signing an arbitrationagreement the parties agree as follows:
(A) All parties to this agreement are giving up the right to sue each other in court, including theright to a trial by jury, except as provided by the rules of the arbitration forum in which a claim isfiled.
(B) Arbitration awards are generally final and binding; a party’s ability to have a court reverse ormodify an arbitration award is very limited.
(C) The ability of the parties to obtain documents, witness statements and other discovery isgenerally more limited in arbitration than in court proceedings.
(D) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case,a joint request for an explained decision has been submitted by all parties to the panel at least 20days prior to the first scheduled hearing date.
(E) The panel of arbitrators may include a minority of arbitrators who were or are affiliated withthe securities industry.
(F) The rules of some arbitration forums may impose time limits for bringing a claim inarbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(G) The rules of the arbitration forum in which the claim is filed, and any amendments thereto,shall be incorporated into this agreement.
Agreement to Arbitrate Controversies. You agree that any controversy, dispute, claim orgrievance between us, any of our affiliates, or our or their shareholders, officers, directors,employees, associates or agents, and you or, if applicable, your shareholders, officers, directors,employees, associates or agents, arising out of, or relating to, this Agreement, or any serviceprovided by us, including transactions of any kind made on your behalf through us, shall be
resolved by Financial Industry Regulatory Authority (FINRA) arbitration, in accordance withFINRA’s Code of Arbitration Procedure.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce anypre-dispute arbitration agreement against any person who has initiated in court a putative classaction; or who is a member of a putative class who has not opted out of the class with respect toany claims encompassed by the putative class action until: (i) the class certification is denied; or(ii) the class is decertified; or (iii) the investor is excluded from the class by the court. Suchforbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights underthis Class Certification agreement except to the extent stated herein.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THEINFORMATION HEREIN. MUSTRDSEED AND/OR ITS SUPPLIERS MAY MAKEIMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MUSTRDSEED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THESUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OFTHE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICSCONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUTWARRANTY OR CONDITION OF ANY KIND. MUSTRDSEED AND/OR ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THISINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL MUSTRDSEED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANYDAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FORLOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTEDWITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITYTO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TOPROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OROTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ONCONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IFMUSTRDSEED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THEPOSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IFYOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUEUSING THE SITE.
Termination/Access Restriction
MustrdSeed reserves the right, in its sole discretion, to terminate your access to the Site and therelated services or any portion thereof at any time, without notice. To the maximum extentpermitted by law, these Terms are governed by the laws of the State of Delaware and you herebyconsent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out ofor relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does notgive effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists betweenyou and MustrdSeed as a result of these Terms or use of the Site. MustrdSeed’s performance ofthese Terms is subject to existing laws and legal process, and nothing contained in these Terms isin derogation of MustrdSeed’s right to comply with governmental, court and law enforcementrequests or requirements relating to your use of the Site or information provided to or gatheredby MustrdSeed with respect to such use. If any part of these Terms is determined to be invalid orunenforceable pursuant to applicable law including, but not limited to, the warranty disclaimersand liability limitations set forth above, then the invalid or unenforceable provision will bedeemed superseded by a valid, enforceable provision that most closely matches the intent of theoriginal provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you andMustrdSeed with respect to the Site and it supersedes all prior or contemporaneouscommunications and proposals, whether electronic, oral or written, between the user andMustrdSeed with respect to the Site. A printed version of these Terms and of any notice given inelectronic form shall be admissible in judicial or administrative proceedings based upon orrelating to these Terms to the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form. It is the expresswish to the parties that these Terms and all related documents be written in English.
Changes to Terms
MustrdSeed reserves the right, in its sole discretion, to change the Terms under which the Site isoffered. The most current version of the Terms will supersede all previous versions. MustrdSeedencourages you to periodically review the Terms to stay informed of our updates.
Contact Us
MustrdSeed welcomes your questions or comments regarding the Terms:
MustrdSeed Portal LLC
384 Northyards Blvd. Bldg 100 Suite 190Email Address: info@mustrdseed.comEffective as of October 1st 2020