BY USING THE SITE YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THE ARBITRATION AND CLASS ACTION PROVISIONS CONTAINED WITHIN THIS AGREEMENT AND ARE AWARE THAT SUCH PROVISIONS MAY AFFECT YOUR LEGAL RIGHTS.
By using the Service or the Site, you represent and warrant that, if you are a natural person, you are 18 or older. In the registration process, Investors will provide their contact information, financial information and identity verification information and date of birth (“Registration Information”). An Investor who wishes to invest in Projects presented on the Site must qualify as an Accredited Investor. An Accredited Investor is an Investor who has indicated, and we have made efforts to confirm, he or she has a net worth (individually or jointly) of at least $1,000,000 excluding the value of his or her primary residence, or has individual income of at least $200,000 or joint income of at least $300,000, for the past two completed calendar years and reasonably expects to reach the same income level this year. To qualify to invest in Projects presented on our Site, you must be an Accredited Investor and provide information verifying your identity and your status as an accredited investor. This may include, but is not limited to the following information:
- Identity and Status Verification Information. Each Investor must provide information designed to verify his or her identity. Such information may include (i) a copy of your drivers’ license, passport or other government issued identification, (ii) information from a successfully completed electronic check transaction, (iii) a credit report, (iv) tax returns or other tax related documents, (v) brokerage or other securities trading account statements, or (iv) other similar information designed to authenticate and confirm your identity and status as an Accredited Investor.
- Investor Financial Information. Each Investor must also provide a Form W-9 Information, Specific-Qualifications Information and Payment Information (collectively the “Investor Financial Information”).
Form W-9 Information. For tax purposes, each Investor must provide a completed Internal Revenue Service Form W-9 which includes your Social Security Number (or Taxpayer Identification Number, where applicable).
- Specific-Qualifications Information. Investors must also provide other information sufficient to meet regulatory “suitability” requirements for investing in a Project presented on our Site, in part by way of our Investor Qualifying Questions. Depending on the nature of the offering, this information will include: (i) information concerning an Investor’s net worth and income; (ii) information concerning his or her residency; and (iii) other information we might request to determine whether an Investor qualifies for a particular investment.
- Verification of Accredited Investor Status. We are required to verify the Accredited Investor status of Investors who invest in Projects presented on our Site. In addition to the representations required to be made and questionnaires required to be submitted by Investors, you agree that we may collect additional information to fulfill our responsibility to verify your Accredited Investor status. The means we may use to verify your Accredited Investor status include without limitation: publicly available information filed with a federal, state or local regulatory body, third-party information including Forms W-2, Forms 1099, Schedule K-1 and/or Form 1065, filed Forms 1040, information disclosed in industry or trade publications, written confirmations from broker-dealers, licensed attorneys or certified public accountants, banking statements, brokerage statements, credit reports, certificates of deposit, tax assessments or appraisal reports issued by independent third parties. In the registration process, you will obtain a user name and password. You acknowledge and agree that we may use third party services providers to conduct this verification for us and you agree to provide us or them with any information we reasonably request to verify your status as an Accredited Investor.
You are responsible for maintaining the security and confidentiality of your user name and password. You are liable for any charges, damages or losses incurred by you or us as a result of your failure to maintain the confidentiality of your user name or password. If you suspect any unauthorized use of your user name or password, you should notify us immediately.
Your Right to Use Our Site
Subject to compliance with these Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to:
- access and use the publicly available areas of our Site through a generally available web browser only for its intended purpose;
- access and use the password-protected areas of our Site through a generally available web browser only for its intended purpose; and
- refer to or provide a link to the publicly available areas of our Site if such links are provided for the purpose of furthering the purpose of our Site.
Investors are not entitled to create links to Content submitted by other Investors. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or any information included on our Site.
Use of Site
In connection with your use of our Site or the Service, you may provide Content and interact with other Investors. As a condition to your use of our Site or the Service, you agree that you will not:
- Upload, post, transmit or otherwise make available Content that is unlawful, libelous, intentionally false, abusive, obscene, unlawfully threatening, unlawfully harassing, discriminatory or otherwise objectionable.
- Collect, use or transfer any personal, private or confidential information about another person obtained from our Site except as expressly permitted by the owner of the information.
- Infringe any third party’s intellectual property, trade secret or proprietary rights.
- Transmit Content that contains software viruses, worms or any other computer code that interrupt, destroy or limit the functionality of the Site or obtain unauthorized information.
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable or disproportionately large load on our infrastructure.
- Use data mining, robots or similar data gathering or extraction methods.
- Use the Site for any unlawful or improper purpose.
- Either directly or indirectly, on your own behalf or in the service or on behalf of others, solicit, poach, cold call or attempt to solicit, poach, cold call, divert, entice, induce or remove any person or entity found on or through this Site or any customer of EQUITYMULTIPLE for any purpose, including the purpose of competing with EQUITYMULTIPLE.
In connection with use of the Site and the Service, each Investor represents and warrants that he or she:
- Has provided complete and accurate Registration Information and will update the Registration Information to maintain its accuracy.
- Has had an opportunity to seek legal and financial advice with respect to participation in investment-related services and the Site.
- Holds all rights in the Content submitted sufficient to grant licenses and rights to its use as provided herein.
Intellectual Property Ownership
All of the design, text and graphics of our Site as well as the selection and arrangement thereof, are copyrighted 2015 Equity Multiple, Inc., all rights reserved. EQUITYMULTIPLE, equitymultiple.com and the design elements of such work constitute our trademarks. The Site images and text and all page headers, graphics HTML based computer programs used to generate pages on the Site and icons are our trademarks, service marks and/or trade dress; such proprietary property, along with any other property which may be protected by copyright, trademark, patent, trade secret and other laws (“EquityMultiple IP”) may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Site are the property of their respective owners. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any material, including code and software, from our Site except as expressly set forth herein. Any unauthorized or unapproved use constitutes copyright and/or trademark infringement.
You may not use the Site or any portion thereof, or copy any portion thereof, to create or recreate a similar or competing service. Any use of the Content of this Site not expressly permitted by these Terms or granted by our prior written permission is a breach of these Terms and is strictly prohibited.
The EquityMultiple IP contains confidential and sensitive trade secrets of EQUITYMULTIPLE. We do not permit you to disclose this information to anyone other than another Investor bound by these Terms, and we do not permit you, or other Investors, to use this information for any purposes other than those that consist of participating in our Services, as provided herein.
- Confidential Information. Confidential Information under these Terms consists of all non-public information whether oral or in writing (a) that is designated as “Confidential” or “Proprietary” by EQUITYMULTIPLE at the time of disclosure or within a reasonable period thereafter; (b) that is only available to user; or (c) that should reasonably be understood to be confidential (collectively, “EquityMultiple Confidential Information”). Confidential Information includes non-public information that EQUITYMULTIPLE or its affiliates furnish or otherwise make available to Investors with respect to the offering documents, together with any reports, analyses, compilations, forecasts, memoranda, notes, studies and any other written or electronic materials prepared by EQUITYMULTIPLE, or for Investors. Confidential Information includes, without limitation, information relating to EQUITYMULTIPLE services, the marketing or promotion of any service, business policies or practices, strategic plans, pricing, lease rates, plans, renderings, historical or pro-forma financial information, loan agreements, purchase and sale agreements, leases, market comparables, tenant information, sales per square foot, vendor names, customer lists, management systems, and information received from others that EQUITYMULTIPLE is obligated to treat as confidential.
- Non-disclosure. You shall retain EquityMultiple Confidential Information in confidence, and shall not use such EquityMultiple Confidential Information except as expressly permitted herein. You agree to use at least the same degree of care in safeguarding EquityMultiple Confidential Information as you use in safeguarding your own confidential information and trade secrets, but shall use not less than reasonable care and diligence.
- Exceptions. Your obligation of non-disclosure of EquityMultiple Confidential Information under these Terms will not apply to EquityMultiple Confidential Information which you can demonstrate: (i) is or becomes a matter of public knowledge through no fault of your own; (ii) was or becomes available to you on a non-confidential basis from a third party, provided that such third party is not bound by an obligation of confidentiality to EquityMultiple with respect to such EquityMultiple Confidential Information; (iii) was independently developed by you without reference to the EquityMultiple Confidential Information; or (iv) is required to be disclosed by law, provided that you promptly notify and provide EQUITYMULTIPLE an opportunity to seek a protective order or other relief with respect to such impending disclosure.
- Reservation of Rights. The EquityMultiple IP is protected by U.S. and international copyright and other intellectual property laws, andEQUITYMULTIPLE retains all rights with respect to the Content, the Site, and the Services, except those expressly granted to you. You agree not to duplicate, publish, display, distribute, modify, create derivative works from, or exploit in any way the EquityMultiple IP or any tangible embodiments of the EquityMultiple IP, except as expressly permitted by EQUITYMULTIPLE.
We are under no obligation to monitor the information residing or transmitted through our Site. However, you agree that we may monitor Content on our Site (a) to comply with applicable laws, regulations or other government requests; (b) to operate our Site properly or to protect us and/or Users; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted through our Site that we believe is unacceptable or in violation of these Terms.
Links to Other Sites
Our Site may contain hyperlinks or other connections to websites operated by persons or entities other than us. We do not control those Sites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any incorporation by reference into our Site or any endorsement of any kind of the material on the hyperlinked sites, nor does it imply any association with the owners or operators of the other sites. Your use of the Site to link to another site is at your own risk.
Terms of Securities Offerings
The securities offered on the Site have not been registered under the Securities Act of 1933, are offered in reliance on exemptions provided by Section 4(a)(2) of the Securities Act and Regulation D and Rule 506, and/or Regulation S, promulgated thereunder. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed any offering of securities conducted on this Site.
EQUITYMULTIPLE is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that would require such registration. Equity securities are offered through Growth Capital Services, LLC, (“GCS”) which is a broker/dealer registered with the U.S. Securities and Exchange Commission and a member of the Financial Industry Regulatory Authority, Inc. Individual personnel of EQUITYMULTIPLE are registered representatives of GCS. EQUITYMULTIPLE and/or its affiliated issuer entities pay GCS certain fees in connection with GCS’s brokerage services. GCS has developed a business continuity plan on how they will respond to events that significantly disrupt business. GCS is located at 582 Market Street, Suite 300, San Francisco, CA 94104.
Investment overviews on the Site contain summaries of the purpose and principal business terms of the investment opportunitiy which is the subject of the overview. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. The information contained in the Site has been prepared by EQUITYMULTIPLE without reference to any particular user’s investment requirements or financial situation. The fact that an investment opportunity is made available on the Site is not intended to be investment advice and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.
Notwithstanding anything to the contrary in these Terms, in no event shall anything in these Terms be deemed to be a waiver, and we will not assert there has been a waiver, that would be impermissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
Real Estate Offerings
The Service and real estate offerings on this Site are available only to experienced investors who understand economic and investment risk and are willing to bear the consequences of that risk. Additionally, the ability to participate in real estate offerings on this Site are only available to Accredited Investors who are familiar with and willing to accept the high risk associated with private real estate investments. By using the Site or Service, you represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful. You acknowledge and agree that you have significant experience investing in investments of the type offered through the Site, including, without limitation, real estate, equities, notes and other securities, you understand that all of the investments offered through the Service are inherently very risky, and you understand the risks associated with the investments offered through the Site, and you are comfortable with the risk of losing your entire investment invested through the Service. You further acknowledge and agree that investing in private placements carries with it low liquidity concerns and long-term commitments and that the securities sold through private placements are not publicly traded. Additionally, investors may receive restricted securities that are subject to holding period requirements. For those reasons, certain offerings may be made available only to certain institutional investors and high net worth individuals and entities. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify the Company for violations of this Agreement.
You further represent and agree that you understand that EquityMultiple does not guarantee the performance of any offerings made through the Site or Service and any and all projections, estimates, and expectations for investments offered through the Site or Service are opinions and should not be relied on. The contents of this Site do not constitute financial, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. You acknowledge and agree that EquityMultiple is not a registered Investment Company or Investment Advisor within the meaning of the Investment Company Act of 1940 and the Investment Advisors Act of 1940, respectively. You should obtain investment and tax advice from your advisers before deciding to invest. Investment products are not FDIC insured, may lose value, and there is no bank guarantee.
The information contained in the Site has been prepared without reference to any particular User’s investment requirements or financial situation. You agree that you are not relying on EquityMultiple or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. EquityMultiple does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other Users. You agree that EquityMultiple and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.
OTHER THAN THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SITE OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR SITE, (2) THE QUALITY AND SECURITY OF OUR SITE, OR (3) THE INABILITY TO ACCESS OUR SITE OR ITS CONTENT, INCLUDING WHETHER OUR SITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR SITE. WHEN USING OUR SITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR SITE, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SITE. ANY MATERIAL DESCRIBED OR USED ON OUR SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE ON THE SITE OR IN OFFERING DOCUMENTS. WE HAVE LIMITED OBLIGATIONS TO VERIFY THE IDENTITY OF USERS OF OUR SITE, AND WE HAVE NO OBLIGATION TO MONITOR THE USE OF OUR SITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation Of Liability and Remedies
Any claims made by you in connection with your use of our Site, or its Content, must be brought within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be barred.
EQUITYMULTIPLE shall have the right, in addition to other remedies provided by applicable law including consequential and liquidated damages, to apply to a court of competent jurisdiction for the entry of an immediate order to restrain or enjoin a breach of the Terms and to specifically enforce the provisions of the Terms.
You agree to defend, indemnify and hold EQUITYMULTIPLE, as well as our officers, directors, employees, members, agents and affiliates, harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your breach of these Terms; (b) any Content or other material you provide to our Site, (c) your use of our Site’s Content, (d) your violation of any applicable law, regulation, rule or order pertaining to your use of our Site; (e) your unauthorized or unlawful use of our Site; (f) any activity in which you engage in or through our Site; (f) any misrepresentation or omission of material fact made by you in connection with any activity relating to our Site, or (g) the use of our Site by any person using your user name and password who is other than you.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) Your address, telephone number, and email address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Attn: General Counsel
Full Address of Designated Agent to Which Notification should be Sent: 32 Avenue of the Americas, New York, NY 10013
Telephone Number of Designated Agent: (646) 844-9918
E-Mail Address of Designated Agent: firstname.lastname@example.org
You may terminate your account with us for any reason or no reason, at any time, upon notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Site and may also bar you from any future use of our Site.
We may immediately restrict, suspend or terminate your account if you abuse or misuse our Site or engage in any behavior that we, in our sole discretion, deem contrary to the purpose of the Site. If you violate any of the Terms, we may immediately terminate your account. Termination of your account is a termination of your limited license to use our Site.
Upon the termination of your account with us, you will lose access to our Site. In addition, we may block access to our Site from an IP address or range of IP addresses associated with those of terminated Users.
Notifications and Communications
For purposes of communicating with you regarding the Site, notice shall consist of an email from us to an email address associated with your account. You also agree that we may communicate with you through other means including email, through a messaging feature on the Site, cellular telephone, telephone or delivery services including the U.S. Postal Service about your Site registration or Services through the Site. You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information.
Consent to Electronic Transactions and Disclosures
Because EQUITYMULTIPLE operates largely on the Internet, it is necessary for you to consent to transact business with us online and electronically. Before you decide to do business electronically with EQUITYMULTIPLE and GCS, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 9.0 or higher, or Safari version 7.0 or higher, or the equivalent software; and hardware capable of running this software.
As part of doing business with EQUITYMULTIPLE and GCS, you must also consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, K-1 or other tax forms, schedules or information statements, arising from or relating to your registration as an investor on our Site, any investments you may make, your use of this Service, and the servicing of any investment you may make (each, a “Disclosure”), from EQUITYMULTIPLE, GCS, or any service provider either of us may use. An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to the U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an “IRS Form 1099”). We may elect at any time to cease delivering tax forms or other documents through electronic means and revert to paper documents in our sole discretion.
The decision to do business with EQUITYMULTIPLE and GCS electronically is yours. You may withdraw your consent to electronic delivery by written notice to EQUITYMULTIPLE and GCS and such withdrawal will take effect within 90 days after their receipt of such notice.
Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and EQUITYMULTIPLE or between you and GCS. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
EQUITYMULTIPLE and GCS generally receive payments, and make disbursements, through electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you provide to us. You authorize such bank or other financial account to pay any amounts described herein, and authorize EQUITYMULTIPLE or GCS to make any and all investment disbursements, to such account. You agree to provide EQUITYMULTIPLE updated information regarding your bank or other account upon EQUITYMULTIPLE’s request and at any time that the information earlier provided is no longer valid.
You also expressly consent to receiving calls and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers).
If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
You may not withdraw such consent as long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
You may contact us via email at: email@example.com or via U.S. mail or courier at:
Equity Multiple, Inc.
32 Avenue of the Americas, New York, NY 10013
Reports and Complaints
If you believe that a User has acted inappropriately, such as by violating these Terms, you may report your concerns either via the links we have included on the Site, or by contacting us by the means described above. If we are notified by a User that he or she believes that certain Content at the Site is in violation of these Terms, we may investigate the allegation and determine, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content, with or without notice, and without liability.
You are solely responsible for your interaction with other Users that involve or arise from your relationship to the Site. Although we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, and our provision of Services is an insubstantial factor (or no factor) in creating this dispute, then you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such dispute.
Agreement for Binding Arbitration.
We do not anticipate having any disagreements with you regarding usage of the Site. If any concerns about these matters arise, please notify us immediately. If it is not possible to resolve the disputes ourselves within 30 days, then either party to the dispute may refer the matter to binding arbitration. Each party agrees that all disputes or claims between you on the one hand and EQUITYMULTIPLE, or any of our officers, directors, employees, members, agents and affiliates, on the other hand, of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of services offered by the Site, shall be resolved by binding arbitration before a single independent arbitrator in New York City, New York. The arbitrator shall be selected by EQUITYMULTIPLE. EQUITYMULTIPLE chooses arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.
By your accessing the Site, you agree that, YOU AND EQUITYMULTIPLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. YOU AND EQUITYMULTIPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EQUITYMULTIPLE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with New York law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of New York, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in New York, and in the County of New York.
Users understand that they are free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and User agrees that by using this Site, it is voluntarily accepting this agreement.
In addition to these Terms, you may have already entered into or in the future enter into other agreements with us or others that will govern your use of the Service or related services offered by us. If there is any contradiction between these Terms and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. In the event of a conflict between these Terms and any agreements you execute when making an investment in an investment opportunity offered on our Site, the terms of those investment agreements shall control.
Except as provided in the preceding paragraph, these Terms constitute the entire agreement between us and you with respect to the subject matter of these Terms and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or other Users as a result of these Terms or your use of our Site. We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms without our permission shall be void.
If any provision of these Terms is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of these Terms does not waive our right to act with respect to that breach or subsequent breaches. Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers. We are based primarily in New York, New York in the United States of America. We make no representation that our Site is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized. Access to the Site is prohibited from jurisdictions where the Site, or its Content, is illegal.
You agree that these Terms, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of New York in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York, New York.
For further information relating to these Terms, or to report a problem regarding the Site, please contact firstname.lastname@example.org.
Updated April 13th, 2016.