Welcome to the website of Higher Order Capital ("we," "us," "our"), a DBA of Higher Order Management, LLC. These Terms of Use ("Terms") govern your access to and use of this website and its content, functionality, and services. By using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with these Terms, you must refrain from accessing or using this website.

We may revise these Terms at any time. It is your responsibility to review the Terms periodically for updates, which will be effective upon posting. Your continued use of the website constitutes acceptance of any modified Terms.

[1] Acceptance of Terms

Your use of this website is subject to these Terms, which form a legally binding agreement between you and Higher Order Capital. These Terms apply to all users of the website, including individuals browsing the content and those interacting with its features.

By accessing or using this website, you agree to comply with all applicable laws and regulations. If you are using the website on behalf of an entity, you confirm that you are authorized to bind that entity to these Terms. In the event of any conflict between these Terms and any agreement you or your organization has with Higher Order Capital, the provisions of such agreement will govern.

[2] Intellectual Property Rights

The content available on this website, including but not limited to text, images, graphics, designs, videos, audio, software, and other materials (“Content”), is owned by or licensed to Higher Order Capital and is protected by copyright, trademark, and other intellectual property laws.

You may access and use the Content for personal and informational purposes only. Any unauthorized use, reproduction, modification, distribution, or public display of the Content without our prior written consent is strictly prohibited. This prohibition includes using the Content for commercial purposes or incorporating it into another product, service, or website.

All trademarks, service marks, and logos displayed on the website are the property of Higher Order Capital or their respective owners. Use of these marks without prior authorization is prohibited. Higher Order Capital reserves all rights not explicitly granted to you under these Terms.

[2A] SMS Communications

If you provide your phone number, you consent to receive SMS messages from Higher Order Capital. These messages may include transactional updates, service information, or support-related communications. Message and data rates may apply. You may opt out of receiving SMS messages at any time by replying STOP. Use of this website and our services constitutes agreement to receive such messages unless and until you opt out.

[3] User-Generated Content

If this website allows users to upload, submit, or post content, including but not limited to comments, feedback, reviews, or other materials (“User Content”), you retain ownership of the intellectual property rights in your User Content. However, by submitting User Content, you grant Higher Order Capital a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Content in connection with the website and our business.

You are solely responsible for your User Content and agree not to upload or share any material that:

• Violates applicable laws or regulations.
• Infringes on the rights of any third party, including intellectual property or privacy rights.
• Contains defamatory, obscene, offensive, or otherwise inappropriate material.

We reserve the right to review, modify, or remove any User Content at our discretion.

[4] No Investment Advice

The materials provided on this website are for general informational purposes only and do not constitute financial, investment, legal, or tax advice. The content is not an offer or solicitation to buy or sell any securities or other financial instruments.

You should not rely solely on the information provided on this website to make investment decisions. Investments involve risk, and past performance is not indicative of future results. We strongly recommend consulting with qualified professionals to evaluate your specific circumstances before making any financial decisions. Higher Order Capital is not responsible for any actions taken based on the content of this website.

[5] User Conduct

You agree to use the website responsibly and in accordance with these Terms. You are prohibited from using the website to violate any local, state, national, or international law or regulation; harm, threaten, or harass other users; disrupt the operation of the website; upload or transmit any viruses, malware, or other malicious code; or attempt to gain unauthorized access to any portion of the website or its underlying systems. Misrepresentation of your identity or affiliation is also prohibited.

Higher Order Capital reserves the right to suspend or terminate your access to the website if you engage in prohibited activities.

[6] Disclaimer of Warranties

This website and its content are provided “as is” and “as available” without any warranties of any kind, whether express or implied. Higher Order Capital disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the website will be secure, uninterrupted, error-free, or free of harmful components. While we make reasonable efforts to provide accurate and up-to-date information, we do not warrant the completeness or accuracy of the website’s content. Your use of the website is at your own risk.

[7] Limitation of Liability

To the fullest extent permitted by law, Higher Order Capital shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use this website. This includes, but is not limited to, damages for loss of profits, data, or business opportunities. If you are dissatisfied with the website or any of its content, your sole remedy is to discontinue use of the website. This limitation of liability applies even if we have been advised of the possibility of such damages.

[8] Indemnification

You agree to indemnify and hold harmless Higher Order Capital, its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, or expenses (including attorneys’ fees) arising from your use of the website, your violation of these Terms, or your violation of any rights of a third party.

[9] Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use this website. By using the website, you agree to the terms of our Privacy Policy. You can review the Privacy Policy.

[10] Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your experience on our website. These technologies help us understand how users interact with the site, improve functionality, and support our marketing efforts. By continuing to use this website, you consent to our use of cookies in accordance with our Cookie Notice. You can manage your cookie preferences through your browser settings.

[11] Accessibility

Higher Order Capital is committed to making our website accessible to all users, regardless of ability. If you encounter barriers to access or have suggestions for improvement, please contact us. We take accessibility seriously and are continually working to enhance our site to better serve all users.

[12] Links to Third-Party Websites

Our website may contain links to third-party websites for your convenience. These links do not imply endorsement or responsibility for the content, policies, or practices of the linked sites. We encourage you to review the terms of use and privacy policies of any third-party sites you visit. Higher Order Capital is not liable for any losses or damages resulting from your use of such websites.

[13] Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Delaware, and the decision rendered will be final and binding. You agree to waive your right to bring or participate in class-action lawsuits.

[14] Termination

We reserve the right to terminate or suspend your access to the website at any time, without notice, for any reason, including but not limited to a violation of these Terms. Termination does not limit our rights to seek remedies under applicable law.

[15] Changes to These Terms

We may update these Terms periodically. Updates will be posted on this page with a revised effective date. By continuing to use the website after any changes are posted, you accept the revised Terms.

[16] Contact Information

For questions or concerns regarding these Terms, please contact us or send correspondence to the following address:

Higher Order Management, LLC
111 Sandra Muraida Way
Suite 100
Austin, TX 78703