Embracing Emergence Website Terms of Service

Ownership of Site; Agreement to Terms of Service

These Terms and Conditions of Use (the "Terms of Service") apply to the Embracing Emergence web site located at https://www.embracingemergence.com/, and all associated sites (collectively, the "Site") and all services provided through the Site. The Site is the property of Embracing Emergence LLC ("Embracing Emergence") and its licensors. BY USING THE SITE OR PURCHASING ANY SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR PURCHASE SERVICES.

For purposes of this Agreement, "Client" refers to any individual, entity, or organization that (1) agrees to these Terms of Service, (2) purchases or uses services offered by Embracing Emergence through the Site, and/or (3) submits materials (e.g., pitch decks, quarterly updates) to Embracing Emergence for review or advisory purposes.

Embracing Emergence reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Embracing Emergence grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Site Content and Client Materials

All content on the Site is owned or licensed by Embracing Emergence and protected by applicable intellectual property laws. Site content may not be copied or distributed without Embracing Emergence's written permission.

You may use information on Embracing Emergence products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Embracing Emergence for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Client retains ownership of all materials (e.g., pitch decks, quarterly updates) submitted to Embracing Emergence. By submitting materials, Client grants Embracing Emergence a non-exclusive, royalty-free license to use, copy, and display such materials solely for the purpose of providing services.

Service Offerings

Embracing Emergence provides professional advisory services to fund managers and emerging managers through the Site. The following services are available for purchase:

(a) Pitch Deck Review Service ($1,000)

Service Description: Analysis and feedback on Client’s pitch deck via recorded loom video, including:

(i) Review of each slide’s structure, strengths, and weaknesses;
(ii) Recommendations to optimize language, clarity, and narrative flow;
(iii) Identification of missing information critical for LP engagement; and
(iv) Strategic advice for pitching to Limited Partners (LPs).

Client Obligations:

(i) Submit pitch deck materials in standard digital format (PDF or editable form).

(ii) Provide context (e.g., target LP audience, fund stage) to inform feedback.

Exclusions:

(i) Does not include design edits, financial modeling, or guaranteed LP commitments;

(ii) One round of revisions allowed; additional revisions subject to separate fees.

(b) Quarterly Update Review Service ($1,500)
Service Description: Written analysis of Client’s quarterly investor update, including:
(i) Evaluation of strengths, weaknesses, and structural coherence;
(ii) Optimization of language and clarity to increase informational value to LPs;
(iii) Feedback on aligning updates with LP communication best practices.

Deliverables:

(i) Written feedback document;

(ii) Loom recording summarizing key recommendations; and

Client Obligations:

(i) Submit quarterly update draft in standard digital format (PDF or editable form).

(ii) Provide context and disclose specific concerns or goals (if applicable).

Exclusions:

(i) Does not include drafting content, financial analysis, or investor relations outreach;

(ii) One round of revisions allowed; additional revisions subject to separate fees.

(c) Live Working Session Service (Custom Pricing)

Service Description: Live session with general or specific topics, including:
(i) Real-time discussion of fund thesis and alignment with Client’s background;
(ii) Feedback on pitch deck language and storytelling; and
(iii) Development of LP communication strategies.

Deliverables:

(i) 60-minute video call (Zoom/Google Meet) with actionable takeaways; and

(ii) Follow-up summary email with key recommendations.

Client Obligations:

(i) Provide agenda or focus area at least 24 hours before the scheduled call date.

(ii) All materials should be provided in standard digital format (PDF or editable form).

(iii) Key decision-maker (e.g., one of the GPs) recommended to attend the session.

Exclusions:

(i) Does not include post-session document edits or ongoing advisory support unless separately agreed; and

(ii) Rescheduling requires 24-hour notice; late cancellations may forfeit fees.

Fees are due upon receipt of completed services from Embracing Emergence. Work is deemed to begin upon confirmation of receipt of all required materials or session booking Client agrees to provide all necessary materials in a timely manner. Services are provided based on industry expertise and professional experience in fund management and investor relations, and Client acknowledges that work product is not a guarantee of fundraising success or LP commitments. Services do not include legal, financial, or tax advice. Client is responsible for consulting licensed professionals for such matters.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services on the Site, including Embracing Emergence’s Privacy Policy. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. Fees for services are fixed and non-refundable, payable upon receipt of completed services unless canceled by Embracing Emergence.

Subject to any active Client agreement, Embracing Emergence may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Embracing Emergence makes no commitment to update the materials on the Site with respect to such products and services.

All feedback, recommendations, and deliverables provided by Embracing Emergence are advisory in nature. Embracing Emergence retains ownership of its feedback, and Client may not reproduce, distribute, or commercialize it without written permission.

Your Use of the Site

You agree not to misuse the Site or use it for any unlawful purpose (e.g., "deep-link", "page-scrape", "robot", "spider" or other scraping, spamming, hacking or any similar or equivalent automated process). Embracing Emergence reserves the right to restrict abusive users.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Embracing Emergence server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse lookup, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Embracing Emergence, including any Embracing Emergence account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Embracing Emergence’s systems or networks, or any systems or networks connected to the Site or to Embracing Emergence.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Embracing Emergence or others.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information exchanged during the engagement. Confidential Information may only be used for the purposes of this agreement and not disclosed to third parties without prior written consent, except as required by law. "Confidential Information" means any and all non-public, proprietary or confidential information, in whatever form or medium (whether oral, written, electronic or visual), that is disclosed by either party (the "Disclosing Party") to the other party (the "Receiving Party") including but not limited to: (1) strategies, plans, financial data, pricing, forecasts, operations, client/investor lists and relationships; (2) algorithms, software, designs, systems, processes, methods, techniques; (3) fund structures, portfolio data, trading strategies, investor materials; (4) pitch decks, quarterly updates, investment memoranda; (5) feedback, recommendations, analyses, and reports; and (6) any other information that should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information does not include information that (1) was in the public domain at the time of disclosure or becomes public through no fault of the Receiving Party; (2) was known to the Receiving Party prior to disclosure by the Disclosing Party without breach of any obligation of confidentiality; (3) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information; (4) is rightfully received from a third party without restriction and without breach of any obligation of confidentiality; or (5) is required to be disclosed by law or legal process, provided that the Receiving Party gives the Disclosing Party prompt written notice and an opportunity to object to or limit such disclosure.

Privacy

Embracing Emergence’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Service by this reference. To view Embracing Emergence’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Embracing Emergence’s control, and Embracing Emergence is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

EMBRACING EMERGENCE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EMBRACING EMERGENCE DOES NOT GUARANTEE THAT FEEDBACK OR RECOMMENDATIONS WILL RESULT IN CLIENT’S DESIRED OUTCOMES. EMBRACING EMERGENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMBRACING EMERGENCE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EMBRACING EMERGENCE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EMBRACING EMERGENCE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Embracing Emergence reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

If Embracing Emergence is found liable for any damages, its liability shall not exceed the total fees paid for the specific service giving rise to the claim.

Except where prohibited by law, in no event will Embracing Emergence be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising from the use of services, including but not limited to lost investment opportunities or fundraising outcomes.

Force Majeure

Embracing Emergence is not liable for delays or failures in performance due to events beyond its reasonable control, including acts of God, pandemics, strikes, or internet outages.

Indemnity

You agree to indemnify and hold Embracing Emergence, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Embracing Emergence by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Service

Embracing Emergence may disclose user information when required by law or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Embracing Emergence’s rights or property, or the rights or property of visitors to or users of the Site, including Embracing Emergence’s customers.

You agree that Embracing Emergence may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Embracing Emergence, for which monetary damages would be inadequate, and you consent to Embracing Emergence obtaining any injunctive or equitable relief that Embracing Emergence deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Embracing Emergence may have at law or in equity.

Governing Law; Dispute Resolution

All matters relating to the Site and services will be governed by the laws of the State of Texas. You agree to submit to the exclusive jurisdiction of the courts located in Tarrant County, Texas. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Embracing Emergence and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Embracing Emergence shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Updated by Embracing Emergence on February 5, 2025