Terms of Service

Thank you for visiting www.shepherdfin.com, which is owned by Shepherd Financial, LLC (referred to as “Shepherd Financial”, “us” or “we”). Information provided herein does not constitute professional advice; if you have legal, tax or financial planning questions, you need to contact a qualified professional.

Any hypertext links to other sites are provided as a convenience only; we have no control over those sites and cannot, therefore, endorse nor guarantee any information provided by those sites.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this site, please carefully review our Privacy Policy. All personal information provided to us through this site will be handled in accordance with our Privacy Policy.

Your Consent to Other Shepherd Financial Agreements

We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this site, to participate in certain promotions or activities available through this site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Your Obligations

In consideration of your use of this site, you agree to provide true, accurate, current and complete information about yourself and to update that information as necessary. Your account, including your username and password (if applicable), are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by emailing us. Until we are so notified you will remain liable for any unauthorized use of your account. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

Types of Information Collected and How it is Used

Shepherd Financial collects information that is not personal information about users to measure traffic on the web site. This information is collected automatically on an aggregate basis (“Aggregate Information”) through the use of a “cookie” or small text file placed not he user’s hard drive by the user’s internet browser.

The cookie allows Shepherd Financial to track the number of hits or visits to various pages on the web site. The cookie is used only during a single connection to the web site, and is not used to track user activity after leaving the site. The cookie is permanently disabled when the user exits the web site, and information about individual users is not collected, saved or distributed to others by Shepherd Financial except as provided by this Policy.

Aggregate information helps Shepherd Financial understand users’ needs, improve the web site, and demonstrate to others the volume and nature of site traffic.

Your Right to Access and Amend your Personal Information

You have the right to request access to the personal information that is maintained about you on this website to ensure that it is accurate and current. You also can request corrections, amendments, or deletions of any personal information obtained through this web site or otherwise in our possession.

To obtain access to, correct, amend, or delete any of your personal information, submit a request in writing or by email to Shepherd Financial. The request should include your name, address, telephone number, the specific personal information in dispute, and the identity of the document or record that contains the disputed personal information.

Upon receipt of your request, we will contact you within three business days to notify you either that we have made the correction, amendment, or deletion, or that we will not do so and the reasons for the decision not to do so.

Responsibility for User Generated Content Posted On or Through this Site

In these Terms of Use, “User Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this site using the social networking tools we make available to Site members.

You are solely responsible for User Generated Content you post on or through this site. Under no circumstances will we be liable in any way for any User Generated Content posted on or through this site. Such User Generated Content may be posted on or accessed through this site in our sole discretion.

This means that you, not Shepherd Financial, are entirely responsible for all User Generated Content that you upload, post, transmit, or otherwise make available to others on or through this site and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you submit is not your original work, it is your responsibility to obtain any necessary permission before you post that User Generated Content on or through this site.

Because we do not control the User Generated Content posted on or through this site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing this site, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, emailed, transmitted, or otherwise made available on or through this site. The User Generated Content posted on or through this site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Shepherd Financial or any person or entity associated with Shepherd Financial.

You own User Generated Content you submit, but we may use it. You own the copyright in any original User Generated Content you post on or through this site. We do not claim any copyrights in User Generated Content created and posted by individual visitors on or through this site. However, by uploading, posting, transmitting, or otherwise making any User Generated Content available on or through this site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not submit any User Generated Content that you do not wish to license to us, including any confidential information or product ideas.

We may disclose and or remove User Generated Content. Shepherd Financial reserves certain rights. We reserve the right (but do not have the obligation) to monitor all User Generated Content. We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We reserve the right (but do not assume the obligation) to remove or block any User Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User Generated Content and the identity of the user who posted or transmitted that User Generated Content in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Shepherd Financial or others, or to enforce these Terms of Use. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this site, or to censor, edit, or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of the User Generated Content, and the user who made such User Generated Content available on or through this site will retain ownership thereof as described above.

Restrictions on User Generated Content. It is a condition of these Terms of Use that you do not:

• Upload, post, transmit, or otherwise make available

– Any User Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

– Any User Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;

– Any User Generated Content that is false, misleading, or fraudulent;

– Any User Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

– Any User Generated Content that violates or infringes upon the rights of others, including User Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

– Any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;

– Any request for or solicitation of any personal or private information from any individual;

– Any request for or solicitation of money, goods, or services for private gain;

– Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

– Any User Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• Violate any local, state, national, or international law, rule, or regulation

By posting User Generated Content on or through this site, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms of Use; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen (18) years old and you have read and understood — and your User Generated Content fully complies with — these Terms of Use and applicable laws and will not cause injury to any person or entity.

Remember, you are legally responsible for your User Generated Content. You can be held personally liable if your User Generated Content is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any User Generated Content submitted by anyone logging onto this site using your username and password, including those doing so without your authorization.

Trademarks

The Shepherd Financial, LLC names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks, and logos appearing on this site are trademarks (whether registered or not), service marks, and or trademarks of Shepherd Financial (the “Shepherd Financial Marks”). All other trademarks, product names, company names, logos, service marks, and or trademarks mentioned, displayed, cited, or otherwise indicated on this site are the property of their respective owners. You are not authorized to display or use the Shepherd Financial Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and or trademarks of other owners featured on this site without the prior written permission of such owners. The use or misuse of the Shepherd Financial Marks or other trademarks, product names, company names, logos, service marks, or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this site as a “hot” link without the prior written approval of the trademark owner.

Limitation of Liability

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHEPHERD FINANCIAL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHEPHERD FINANCIAL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, FINANCIAL COMPANY ABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WHILE SHEPHERD FINANCIAL STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS SITE. SHEPHERD FINANCIAL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SHEPHERD FINANCIAL SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF SHEPHERD FINANCIAL. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Change to Policy

Shepherd Financial reserves the right to and may change this Policy at any time and the change will become effective when the revised Policy is posted on this site.

If you have questions about this privacy notice, please contact us by phone or email.

(Revised 05/05/2022)