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Terms and Conditions
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Terms and Conditions
Acceptance of terms
Amendments to this Agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review it before you use our Site.
Use of the site
The Site acts as a listing, networking, and information portal that allows you to post real estate deals, receive data and communicate online. Monetarex is not a real estate broker or a registered broker-dealer and does not provide investment advice. The information on the Site neither is, nor should be construed as an offer, or solicitation of an offer to buy or sell securities. All information on the Site is for informational purposes only and should not be construed as professional advice. The Site does not affect any transactions, does not have any involvement in any negotiations, does not make recommendations, and does not handle members’ funds. Monetarex is not involved in the preparation and furnishing of the information on the Site. Information on the Site has been provided by users and the Site does not guarantee that it is accurate or complete. Each Sponsor is solely responsible for its own information. The Site is intended only for accredited investors as defined in rule 501 (A) of Regulation D under the Securities Act and applicable state laws. All Investors on the Site must be an accredited investor and it is Sponsor’s responsibility to verify such. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs. Listings on this Site are only suitable for accredited investors who are familiar with and willing to accept the high risk associated with investments in real estate. When an Investor clicks “I want to invest” button, the Investor expresses non-binding intent to invest in a Sponsor’s deal. The Site’s only responsibility is to deliver this intent to the Sponsor. Any company or investor who uses the site in connection with a potential transaction does so at its own risk and is solely responsible for conducting its own legal, accounting and due diligence review. All sponsors and investors who use the Site should consult with licensed securities professionals, attorneys, and tax advisors regarding any potential investments and compliance with applicable federal, state and/or foreign securities laws and regulations. You are prohibited from any of the following acts: (a) use of our Site, including its Services and tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, Services, or tools (b) posting of an items deemed by Monetarex to be in inappropriate category or areas on the Site or in regard to its Services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) posting false, inaccurate, misleading, defamatory, or libelous content; (g) providing false information self-certifying on Accredited Investor questionnaire; (e) taking any action that may damage the feedback system, or (f) engaging in any activities that are in violation of the federal and state securities laws of the United States or any foreign jurisdiction.
Termination of Use
This Agreement will remain in full force and effect while you use the Site. You may terminate your membership at any time for any reason. We may terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
Members shall pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable and provide Monetarex express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of products, services, information, or deliverables ordered. All payment obligations are noncancelable and all amounts paid are nonrefundable. If payment is not current, Monetarex may immediately cease to provide any and all services to the customer. Subscriptions will automatically renew at the prevailing subscription cost and the credit card number provided for initial payment will be charged accordingly unless the customer notifies Monetarex (in writing) 7 days prior to the renewal date. Customer may cancel their Monetarex subscription and membership by contacting us by email (info at monetarex.com). All members can easily cancel their subscriptions at any time. There are no cancellation fees, though no refunds are provided for pro-rated periods. If you cancel before the end of a billing period, members will retain access until that billing period is over. Company reserves the right to change its fees or billing methods at any time. It is Customer's responsibility to promptly provide Monetarex with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Non-commercial use by members
All copyright, trademarks and all other intellectual property rights in the Site and its content (including without limitation the Site design, text, graphics and all software and source codes connected with the Site) are owned by or licensed to Monetarex or otherwise used by Monetarex as permitted by law. In accessing the Site you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial use only.
Links & Framings
Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish hyperlink to an appropriate part within the Site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the Site; (iii) the link does not state or imply any sponsorship or endorsement of your own site and (iv) you immediately stop providing any links to the Site on written notice from us. You must also check the notices on the homepage of any site maintained by our content providers to which you wish to link to make sure that you are in compliance with the content providers’ policies regarding direct links to their content on our Site.
Warranty disclaimer and exclusions / limitations of liability
The contents of the Site do not constitute investment advice and should not be relied upon in making or refraining from making, any decision. Monetarex is a listing service only and is not acting as a broker or agent for any person or property. The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Site will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits, or the expenses of procuring substitute services) arising out of or in connection with the use of the Site. Site makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive. The Site is not selling or offering for sale any securities in any jurisdiction.
Intellectual property rights
You hereby acknowledge that all rights, title and interests, including but not limited to rights covered by the copyright, trademark and other intellectual property rights, in and to the Site are owned by Monetarex, and that you will not acquire any right, title, or interest in or to the Site other than the usage rights expressly set forth in this Agreement. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the site or proprietary information related thereto.
You agree to indemnify and hold Monetarex and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions arising out of any breach by you of this Agreement or other liabilities arising out of your use of this Site.
Severability of Terms
In the event that any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between Monetarex and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials and Services provided by or through the Site.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement shall be resolved individually exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office located in San Francisco California or such other AAA regional office as may be determined by the AAA, and judgment on the arbitration award may be entered in any court having jurisdiction. You thus agree to give up your right to go to court to assert or defend your rights, and also give up your right to participate in or bring class actions and to serve as a private attorney general or in any other representative capacity in connection with a dispute. Your rights will be determined by a neutral arbitrator and not a judge or jury. Monetarex and you both retain the right to pursue injunctive relief in any court having jurisdiction.
For any further information please email info at monetarex.com
This document was last updated on October 4, 2016
Terms and Conditions
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
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How we use collected information
capitalbrain.co may collect and use Users personal information for the following purposes:
To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site We may use feedback you provide to improve our products and services.
To process payments We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on October 4, 2016
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Disclaimer: Capital Brain is a data driven intelligence platform for the commercial real estate industry. Built for real estate investing, research & business development. Capital Brain, Monetarex, Inc and its employees are not Registered Investment Advisors or Financial Planners. The research reports and AI/ML algorithms and other market intelligence are provided for information purposes only. Our research and AI/ML algorithms do not constitute investment advice and readers should not make any investment decision without conducting their own due diligence or consulting their financial advisor about their specific situation.