Thank you for visiting the Acquire Real Estate website, owned and operated by Acquire Real
of our website (the “Agreement” or “Terms”) carefully before using our website.
and conditions for your use of our website at www.AcquireRealEstate.com, all
other domains and sites owned and operated by Acquire and/or its affiliates
(collectively, the “Site”) and all services offered by or through the Site. By
accessing, browsing or using the Site in any manner, including, but not limited
to, visiting or browsing the Site or contributing content, information, or
other materials or services to the Site, you agree to be bound by this
Site), and all policies and procedures that may be published by us from time to
time on the Site (collectively, the “Published Information”), each of which is
incorporated by reference and each of which may be updated by us from time to
time without notice to you. If you access the Site, you will be deemed to have accepted
Your use of the
Site is governed by the then current Terms in effect on the date of such use.
Acquire may, at its sole discretion, modify and replace the Terms at any time
and without prior notice to you by posting the updated Terms on the Site. By
using and accessing the Site, you will be deemed to have accepted and will be
legally bound to the updated Terms at the time of each use of the Site, whether
or not you have reviewed such updated Terms. The resolution of any dispute that
arises between you and Acquire concerning your use of the Site will be governed
by the Terms in effect at the time of your use of the Site and the events
giving rise to the dispute. Acquire reserves the right, in its sole discretion,
to block or otherwise discontinue your access and use of the Site at any time
and for any reason. You agree that Acquire and its subsidiaries and affiliates
will not be liable to you or to any third party for any such modification,
suspension or discontinuance.
These Terms are
in addition to any other agreements between you and Acquire, including any
customer, account or marketing agreements, and any other agreements that govern
your use of products, services, content, tools, and information available on
the Site. This Agreement does not alter in any way the terms or conditions of
any other agreement you may have with Acquire or its subsidiaries or affiliates.
applies to all users of the Site, including investment sponsors, investment managers,
current and prospective investors and visitors to the Site, who in any way use
the Site. Nothing in these Terms shall be deemed to confer rights on Users or
Anyone is permitted to access and view the public areas of our Site.
However, the use of our Site for investment or any other purposes is intended only for those individuals who are at least 18 years old
(and at least the legal age in your jurisdiction) acting in an individual capacity or who are legally authorized and acting on behalf of a legally and validly formed entity,
who has provided to us personal information and/or created a profile and whose access has been authorized by us,
but not suspended or removed (an “Authorized User”). By entering the Site through a user ID and password,
you represent that you are the individual to whom the user ID and password have been authorized,
you have not transferred to, or permitted access to the Site using your user ID and password by,
any other person and your profile and other information provided in or through the Site is current,
accurate, truthful and complete. Nevertheless, Acquire may, in its sole discretion,
refuse to permit access to the Site to any person. Access to the Site is not available to any user who has been suspended or removed from the Site.
By accessing the Site, including entering a user ID and password, you represent that you are an Authorized User.
The password protected areas of our Site are available only to Authorized Users.
We will confirm authorized access only to a person who is able to represent to us that he,
she and/or the entity on whose behalf the individual user is legally authorized to represent,
is an Accredited Investor as defined in Regulation D, Rule 501, adopted under the Securities Act of 1933,
as amended (“Accredited Investor”). In order to confirm you as an Authorized User,
we may first require that you complete an interview process and/or profile,
including representations that you are an Accredited Investor and our completion of a background and credit
information screening and/or identification and/or verification of your representations.
We may also require you to provide to us tax returns, brokerage statements, bank statements,
resumes and other private financial information deemed necessary by us to establish or verify your status as an Accredited Investor.
Should you fail to provide to us requested information and/or documentation necessary to confirm and/or verify your status as an Accredited Investor,
or we determine the information you have provided is not materially accurate or complete, we may delay, suspend,
block or otherwise discontinue your status as an Authorized User. We may change our eligibility criteria at any time,
for any reason, whether or not required by applicable law and without prior notice. In that event, we may delay,
suspend, block or otherwise discontinue your access to the Site unless and until you have provided to us
sufficient information and documentation necessary to demonstrate your meeting such changed eligibility criteria.
As part of the
user authorization process, we require that you provide, among other things, a
valid email address to which communications may be directed. In providing your
email address, you are consenting the use of electronic communications,
including personally identifying and financial information, to the designated
email address for all legal, notice and other purposes, and you acknowledge and
agree that Acquire bears no responsibility or liability for the failure of
security, intrusions or other access to your designated email address.
Investment opportunities displayed in this Site are intended only for those authorized Accredited
Investors who are capable of understanding and financially bearing the economic
and investment risks. By using the Site, you represent 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 the investments offered through the Site are
inherently very risky, you understand the risks associated with the investment,
that there will be no market and you may be unable to sell, liquidate or
transfer the investment for an indefinite period of time, and you are able to
accept the risk of losing your entire investment. If you are using the Site on
behalf of an entity, you represent and warrant that you are authorized to make
and accept these Terms on such entity’s behalf, and you and such entity agree
to indemnify us for losses or damages arising out any claim of your not having
appropriate authority, misstatements or for violations of this Agreement.
The information provided as to any particular investment opportunity should not be relied on
and Acquire does not guarantee the performance of any investment opportunity and
has not verified the accuracy of any information, projections, estimates and
other statements, including of expected performance and/or internal rates of
return, for any investment offered through the Site. Investors must rely on
their own examination of each investment opportunity, are expected to engage in
their own due diligence and are accorded the opportunity to ask questions and receive
answers to their satisfaction before making an investment.
The value of any investment and the income generated, if any, could fall as well as rise.
Past performance is not a guarantee of future performance.
The contents of this Site do not constitute investment, financial, legal, or tax advice.
Investors are solely responsible for conducting their own due diligence review and consulting with such experts as he or she deems necessary and appropriate,
including as to investment, financial, legal and tax matters.
You acknowledge and agree that Acquire is not a broker-dealer and member of the Financial Industry Regulatory Authority,
and the investment opportunities displayed on the Site are not managed by a registered investment adviser and are not registered under the Investment Company Act of 1940.
By investing through the Site you will not receive any of the protections afforded by such registrations and/or memberships.
Investments offered through the Site are not guaranteed by any person, are not FDIC insured and you could lose your entire investment amount.
NO SOLICITATION, RECOMMENDATION OR ADVICE
None of the
information contained in the Site constitutes a recommendation, solicitation or
offer to buy or sell any securities, options or other financial instruments or
other assets or the provision of investment advice. The information contained
in the Site has been prepared without reference to any particular user’s
investment requirements or financial situation. The Site is not intended for use
by any person or entity in any jurisdiction where the provision or use thereof
would be contrary to applicable laws, rules or regulations or where Acquire is
not authorized to provide such use. Some investment opportunities described on
the Site may not be available in all jurisdictions or to all users.
that you are not relying on Acquire or any of its affiliates, officers,
directors, partners, agents or employees in making an investment decision.
Acquire 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
Acquire and its affiliates, officers, directors, partners, agents or employees
will not be liable for, and you will indemnify such parties against, any losses
or damages arising out of or incurred as a result of any interactions between
you and other users.
of the Site, including, but not limited to, unauthorized entry into our
systems, the misuse or sharing of passwords or misuse of any other information,
is strictly prohibited. You may not use the Site in any manner that could
damage, disable, overburden, or impair the operations of the Site or interfere
with any other party’s use and enjoyment of the Site. You agree that you will
not engage in any activities related to the Site that are contrary to
applicable laws or regulations. You may be liable and may be required to
indemnify for any losses or damages incurred by Acquire or authorized users due
to any unauthorized use of your user ID and Password.
agree that you are responsible for any unauthorized use of your user ID and Password
that is made before you have notified us and we have had a reasonable opportunity
to act on that notice. Acquire reserves the right at its discretion to suspend
or cancel your account and/or password, even without receiving such notice from
you, if we suspect that it is being used in an unauthorized or fraudulent
You are solely
responsible for maintaining the confidentiality of your authorized access to
the Site and you agree to promptly report any unauthorized or suspicious
activity to us by email at support@AcquireRealEstate.com.
You agree that
you are responsible for your own conduct while using the Site and for any
consequences thereof. You agree to use the Site only for purposes that are
legal, proper and in accordance with this Agreement, the Acquire Privacy
Policy, which is included in the Site, and any applicable laws, rules or
regulations (including without limitation to the Securities Act of 1933, the
Securities Exchange Act of 1934, the Investment Company Act of 1940, the
Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any
other applicable United States federal or state securities laws, regulations
and rules, any securities exchange or self-regulatory organization’s rules or
regulations, any consumer protection, unfair competition, and
anti-discrimination laws or regulations and any applicable foreign laws). By
way of example, and not as a limitation, you agree to not take any action that
is listed below:
Infringes Rights. You agree not to upload, post, email, transmit, submit, or otherwise
make available through the Site or Service any material or content that infringes any patent,
trademark, copyright, trade secret or other proprietary right of any party, unless you are the
owner of such rights or have the permission of the owner to post such content.
You further agree to not take any action that infringes any patent, trademark, trade secret, copyright,
right of publicity, or other right of any other person or entity, or violates any law or contract,
including removing any copyright, trademark or other proprietary rights notices contained in or on the Site.
Information Disclosure. You agree not to share or disclose to anyone any information obtained through the Site about any sponsor or investment offering.
Distribution without Consent. You agree not to distribute in any medium any part of the Site or
Service or any content available thereon without Acquire’s prior written
authorization. The only exceptions are where Acquire makes available the means
for such distribution through functionality offered in the Site.
Alterations or Modifications. You agree not to alter or modify any part of or information contained in the Site.
Submitting False, Defamatory or Harassing Information. You agree not to upload, post,
email, transmit or submit or otherwise make available through the Site
inappropriate, defamatory, infringing, obscene, false, misleading, inaccurate,
harassing, threatening or unlawful material or content or imply that such
content is sponsored or endorsed by Acquire, any of its affiliates or any third
parties. You further agree not to take any action that would defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
Competitive analysis, reverse engineering, or duplication of the code, user experience, or processes of this site is strictly forbidden.
We consider this grounds for legal action and signups that come from a competitive company's employees, ip address range, or network name are flagged and recorded as evidence.
Unlawful Purposes. You agree not to use the Site for any illegal or unauthorized purpose
(including, without limitation, in violation of any United States federal and
state securities or blue sky laws or regulations, securities exchange or
self-regulatory organization’s rules or regulations, consumer protection, anti-money
laundering, anti-corruption, unfair competition, and anti-discrimination laws
or regulations or equivalent laws or regulations in foreign jurisdictions).
Transfers or Assignments. You agree not to transfer or assign these Terms, and any rights and licenses granted hereunder.
Non-Public Areas. You agree not to access, tamper with, or use non-public areas of the Site or any other computer systems or networks connected to the Site.
Breach of Security Measures. You agree not to breach any of Acquire’s security or authentication measures.
Unauthorized Access or Contact. You agree not to gain unauthorized access to the Site, any
other Acquire affiliated website or service, or the computer systems or
networks connected to the Site through hacking, password mining or any other
means. You further agree not to contact any party or user other than as allowed
through the Site.
Generate Artificial Traffic. You agree not to use the Site to artificially generate
traffic or page links to a website or for any other purpose not expressly
allowed under these Terms.
Commercial Uses. You agree not to use the Service for any commercial uses or purposes, unless
you obtain Acquire’s prior written consent and approval. Such commercial uses
include but are not limited to: (i) soliciting other users for investments of
any kind; (ii) offering or selling any products or services of any kind; (iii)
making investment recommendations to other users; and (iv) advertising,
sponsorships, or promotions placed on or within the Site.
or Activities. You agree not to upload, post, email or transmit, or otherwise
make available through the Site any materials that promote pyramid schemes,
chain letters or disruptive commercial messages or advertisements, or anything
Information. You further agree not to promote or provide instructional
information about illegal activities or promote physical harm or injury against
any group or individual.
Security Features. You agree not to circumvent, disable or otherwise interfere
with security-related features of the Site or any other computer systems or
networks connected to the Site. You also agree not to circumvent, disable or
otherwise interfere with features that prevent or restrict use or copying of
any material or content or enforce Site or content use limitations.
You agree not to impersonate any person or entity, including any employee or
representative of Acquire, or falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the origin or
source of any materials.
Other. You agree
not to: (i) use the Site or take any action that imposes or may impose (as
determined by Acquire in its sole discretion) an unreasonable or
disproportionately large load on Acquire’s or its third-party providers’
infrastructure or that could damage, disable, overburden, or impair the Site,
or interfere with any other party’s use and enjoyment of the Site; (ii)
interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; (iii) bypass any measures the Acquire may use
to prevent or restrict access to the Site (or other accounts, computer systems,
or networks connected to the Site); (iv) run Maillist, Listserv, or any form of
auto-responder or “spam” on the Site; (v) use any robot, spider, site
search/retrieval application, or other device to retrieve or index any portion
of the Site or collect information about users for any unauthorized purpose; or
(vi) transmit any viruses, worms, defects, Trojan horses, or any items of a
If you create an
account and become a registered user of the Site, you agree to (i) provide
accurate, current and complete information about you as may be prompted at
registration (“Account Information”); (ii) maintain the security of your
password and identification; (iii) maintain and promptly update your Account Information,
and any other information that you provide to Acquire, to keep it accurate,
current and complete; and (iv) accept all risks of unauthorized access to your personal
and investment information and any other information you provide to Acquire.
The Site contains
proprietary property/content of Acquire (such as logos, copyrights, trademarks,
technology, processes, etc.) (“Acquire Proprietary Property”) which may be
protected by copyright, trademark, patent, trade secret and other laws. Acquire
owns and retains all rights in and to the Acquire Proprietary Property. Acquire
hereby grants you a limited, revocable, nonsublicensable license to display
and/or utilize the Acquire Proprietary Property solely for your use in
connection with using the Site for the purposes authorized by these Terms.
Except as explicitly permitted herein or unless you have received express,
prior written permission, from Acquire, you do not have the right to use the
Acquire Proprietary Property for any commercial use or to receive any monetary
or other compensation in connection with the Acquire Proprietary Property.
Except as expressly provided by this Agreement, your use of Acquire Proprietary
Property is strictly prohibited.
The Site may
contain proprietary property/content provided by one or more third parties, such
as logos, copyrights, trademarks, etc. (“Third Party Proprietary Property”).
Acquire hereby grants you a limited, revocable, nonsublicensable license to
display and/or utilize the Third Party Proprietary Property solely for your use
in connection with using the Site for the purposes authorized by these Terms.
You do not have the right to use the Third Party Proprietary Property for any
commercial use or to receive any monetary or other compensation in connection
with the Third Party Proprietary Property. Except as expressly provided by this
Agreement, your use of the Third Party Proprietary Property is strictly
permitted by these Terms or in the Site, you may not copy, modify, edit,
translate, publish, broadcast, transmit, distribute, perform, display, sell or
otherwise use any Acquire Proprietary Property, any Third Party Proprietary
Property or any other content appearing on or through the Site. You acknowledge
that Acquire is not responsible for, does not control and makes no
representation or warranty regarding the reliability, accuracy, usefulness,
safety, legitimacy or quality of any content. Acquire does not endorse any
content on the Site or any statement, opinion, suggestion or advice contained
therein, and Acquire expressly disclaims any and all liability in connection
therewith. You agree that you will bear any and all risk of reliance on the
accuracy, validity or legitimacy of any content on the Site. You further understand
and agree that in the course of your use of the Site, you may be exposed to
content on the Site that is illegal, inaccurate, offensive, indecent or
objectionable and you hereby waive, any legal or equitable rights or remedies
you have or may have against Acquire with respect thereto.
The Site may
allow you and other users to submit, post, transmit and share content, which
may include, without limitation, personal and representative profiles and
information sheets on certain private companies or other issuers, streaming
feeds articles, documents, brochures, presentations, pictures, images,
audiovisual works, other information materials and any user comments or other
unedited or third party content submitted by you and other users on or through
the Site (collectively, “User Content”). With respect to such User Content
submitted by you or any other person, you represent, warrant and affirm as
User Content is
made available on or through the Site for informational purposes only and is
not otherwise reviewed or controlled by Acquire. You understand that Acquire
does not guarantee any accuracy or confidentiality with respect to any such
User Content, and strongly recommends that you think carefully about what you
transmit, submit or post to or through the Site.
User Content you
submit will not: (i) infringe, violate, or misappropriate any third-party
right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) violate any applicable laws, rules or regulations
(including, without limitation, United States federal and state securities or
blue sky laws or regulations, securities exchange or self-regulatory
organization’s rules or regulations, or equivalent laws or regulations in
foreign jurisdictions); or (iii) require obtaining a license from or paying any
fees and/or royalties to any third party, unless you and Acquire otherwise
All User Content
and any information contained in such User Content are the sole responsibility
of the person(s) who originated such User Content. This means that you, and not
Acquire, are entirely responsible for all User Content that you upload, post,
transmit, or otherwise make available through the Site as well as any
consequences of submitting and publishing your User Content on the Site. You
affirm, represent, and warrant that you own or have the necessary licenses,
rights, consents, and permissions to publish User Content you submit; and you
license to Acquire all patent, trademark, trade secret, copyright or other
proprietary rights in and to such User Content for publication on the Site.
User Content, you hereby grant Acquire and its affiliates, sublicensees,
partners, designees, and assignees a worldwide, non-exclusive, royalty-free,
sub-licensable and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Content for promotion, redistribution
or any other purposes and in any media formats or channels.
You hereby grant
each user a non-exclusive license to access your User Content through the Site,
and to use, reproduce, distribute, display and perform such User Content as
permitted through the functionality of the Site and under these Terms. The
above licenses granted by you in User Content you submit to the Site shall not terminate.
You understand and agree that Acquire may retain copies of your User Content
even though it has or they have been removed or deleted.
You may be exposed to User Content that is, without limitation, inaccurate, inappropriate,
misleading, unlawful, offensive or otherwise objectionable and Acquire makes no
representations or warranties regarding any User Content, is not responsible
for the accuracy, usefulness, or intellectual property rights of or relating to
any User Content and does not endorse any User Content submitted or any
opinion, recommendation, or advice expressed. All User Content is offered “AS
IS” and “AS AVAILABLE”.
Use of the Investor Exchange™ is intended only for an authorized Acquire Real Estate user who has a current, updated, profile, and is an Accredited Investor who is capable of evaluating and understanding the risks associated with selling and/or buying real estate related investments.
If you are a seller on the Investor Exchange™,
you acknowledge and agree that:
- The Investor Exchange™ has been provided solely as a tool to facilitate your offering of investments purchased and owned by you for re-sale to Acquire authorized investors. Acquire is not, and you are not in any way relying on Acquire to be acting as, your broker, agent, adviser or representative. If you are using the Investor Exchange™ on behalf of an entity, you represent and warrant that you are authorized to make and accept these Terms on such entity’s behalf, and you and such entity agree to indemnify us for losses or damages arising out any claim of your not having appropriate authority, misstatements or for violations of this Agreement.
- Investments purchased by you through the Acquire portal are subject to restrictions on transferability and resale, and no re-sale of investments through the Investor Exchange™ may be consummated without the written consent of the Manager of the respective investment, which consent may be withheld for good cause or for no cause or reason whatsoever. The Manager may grant consent, unreasonably withhold consent, subject consent to your providing additional information (legal or factual) at your own expense, in each case in its sole and absolute discretion.
- For regulatory purposes, the Manager will in most cases require that you have owned an investment for at least one year before you may offer that investment for re-sale on the Investor Exchange™. The Manager in its sole discretion may make exceptions in certain special circumstances, such as in the case of the death or disability of the record owner.
- You may withdraw your investment from the auction process at any time up until a successful bidder has been achieved and the bidding has timed out, at which time you will be contractually bound to proceed with the transaction. Acquire bears no responsibility if you determine to withdraw from the auction sale process, but your withdrawal does not get reflected in the Investor Exchange™ prior to the successful completion of bidding.
- In the event of a successfully completed bid process, the transfer and sale will not occur, and you will not receive the sale proceeds, unless and until the successful bidder has completed the required subscription documentation, the Manager has consented and the bidder’s funds have successfully been transferred via ACH.
- Acquire is not a party to your transaction on the Investor Exchange™ and makes no warranties, express or implied, that a transaction will be consummated even if the Manager has consented to the transaction. Bidders are on an honor system. If a successful bidder reneges on its responsibilities to close for any reason whatsoever, you will have no recourse against Acquire, the Acquire Portal, the Investor Exchange™ or any other party. You will remain the record owner of the investment and you will free to commence a new auction process for the re-sale of the investment.
- You will provide and otherwise make available for publication on the Investor Exchange™ all historical and current information in your possession about distributions you have received in respect of the investment as well as current information in respect of anticipated or continuing performance of the investment.
If you are a bidder on the Investor Exchange™,
you acknowledge and agree that:
- You have significant experience investing in investments of the type offered including, without limitation, real estate, equities, notes and other securities, you understand that the investments offered are inherently very risky, you understand the risks associated with the investment, that there will be no market and you may be unable to sell, liquidate or transfer the investment for an indefinite period of time, and you are able to accept the risk of losing your entire investment. If you are using the Investor Exchange™ on behalf of an entity, you represent and warrant that you are authorized to make and accept these Terms on such entity’s behalf, and you and such entity agree to indemnify us for losses or damages arising out any claim of your not having appropriate authority, misstatements or for violations of this Agreement.
- You will have access on the Investor Exchange™ to the original offering documentation and other information in respect of a particular investment, which information should not be assumed to be current or updated. Also you will have access to the historical cash returns received by the company or by the specific seller in respect of the investment. Acquire may post current information about an investment to the extent such information is reasonably available to it, but Acquire shall have no obligation to do so and Acquire does not verify or warrant the accuracy of any such information. The Investor Exchange™ may provide you with tools and calculators, which are intended to facilitate your own analysis in determining whether, and how much, to bid. These investor tools are not investment advice.
- The information provided as to any particular investment offered for re-sale on the Investor Exchange™ should not be relied on and Acquire does not guarantee the performance of any investment opportunity and has not verified the accuracy of any information, projections, estimates and other statements, including of expected performance and/or internal rates of return, for any investment. Investors must rely on their own examination of each investment opportunity, are expected to engage in their own due diligence and are accorded the opportunity to ask questions and receive answers to their satisfaction before making an investment.
- The value of any investment and the income generated, if any, could fall as well as rise. Past performance is not a guarantee of future performance. Information provided on the Investor Exchange™ does not constitute investment, financial, legal, or tax advice. Investors are solely responsible for conducting their own due diligence review and consulting with such experts as he or she deems necessary and appropriate, including as to investment, financial, legal and tax matters.
- You acknowledge and agree that in operating the Investor Exchange™, Acquire is not acting as your agent, broker-dealer or investment adviser and is not a member of the Financial Industry Regulatory Authority. Acquire and any investment by Acquire is not a registered Investment Company or Investment Adviser within the meaning of the Investment Company Act of 1940 and the Investment Advisors Act of 1940, respectively. By bidding on the Investor Exchange™, you will not receive any of the protections afforded by such registrations and/or memberships. Investments offered on the Investor Exchange™ are not guaranteed by any person, are not FDIC insured and you could lose your entire investment amount.
Estate does not permit infringement of intellectual property rights on the Site
and Acquire will remove copyright infringing activities or related User Content
if Acquire is properly notified that such User Content infringes on another’s
intellectual property rights. If you believe that your work has been copied in
a way that constitutes copyright infringement, or that any material on the Site
violates these Terms or your intellectual property rights, please notify us as
soon as possible by sending an email to contact@AcquireRealEstate.com, or by
contacting Acquire Agent (listed below), with the following information
pursuant to the Digital Millennium Copyright Act (“DMCA”) (please confirm these
requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C.
§512(c)(3), for more information): (i) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is
located on the Site, sufficient for Acquire us to locate the material; (iv)
your contact information, including your address, telephone number, and email
address; (v) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
and (vi) a statement by you that the information in your notice is accurate
and, under penalty of perjury, that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Section 512(c)(2) of the DMCA, Acquire designates the following agent to
receive notifications of claimed infringement:
249 Washington Street
Boston, MA 02108
avoidance of doubt, only DMCA notices should go to our Designated Copyright
Agent. You acknowledge that if you fail to comply with all of the requirements
of this section, your DMCA notice may not be valid. We reserve the right to
remove User Content alleged to be infringing or otherwise illegal without prior
notice and at our sole discretion. In appropriate circumstances, Acquire will
terminate a user’s account if the user is determined to be a repeat infringer.
The Site may
allow you to correspond or otherwise interact with other users who may provide
you with investments, investment information, advice, services and/or events,
or provide you with other information about various companies or organizations.
You acknowledge that such other users are not affiliated with or controlled by
Acquire or its affiliates, and Acquire cannot influence the investments,
information, advice or services provided by them. Your correspondence or
interaction with other users is solely between you and such other users. You
agree that Acquire and its affiliates will not be responsible or liable for any
loss or damage of any sort incurred as the result of any interactions between
you and other users. Furthermore, if you provide any investments, information,
advice or services to other users through the Site, you acknowledge that you
are not affiliated with, or controlled or influenced in any way by, Acquire or
If you have a
dispute with one or more users, you irrevocably and forever release Acquire
(and Acquire Real Estate’s affiliates, officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code Section 1542, which says: “A general
release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with
THIRD PARTY CONTENT
The Site may
contain content from and links to third party websites or content that is not
owned or controlled by Acquire (collectively, “Third Party Content”). Acquire
does not control, endorse, investigate or adopt any Third Party Content, and
assumes no responsibility for any Third Party Content, or the accuracy,
availability, privacy policies, or practices of such content. In addition,
Acquire will not and cannot censor or edit such Third Party Content and makes
no representations or warranties of any kind regarding the Third Party Content,
including with respect to accuracy or completeness. By using the Site, YOU
EXPRESSLY RELIEVE ACQUIRE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF
ANY THIRD-PARTY CONTENT. Accordingly, we encourage you to be aware when you
other website that you visit. Users use such Third Party Content at their own
USE OF LINKS
The Site may
permit you to link to other websites or resources on the Internet, and other
websites or resources may contain links to the Site. When you access third party
websites, you do so at your own risk. These other websites are not under
Acquire’s control, and you acknowledge that Acquire is not responsible or
liable for the content, functions, accuracy, legality, appropriateness or any
other aspect of such websites or resources, even if linked in some way to the
Site. The inclusion of any such link does not imply an affiliation,
sponsorship, or endorsement by Acquire or any association with its operators.
You further acknowledge and agree that Acquire shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any information,
goods or services available on or through any such website or resource. You
sites may be different from those applicable to your use of the Site.
the right – without cause or notice to you – to terminate or suspend your
access to some or all of the Site, effectively immediately, if you engage in
activities that we conclude, in our discretion, breach these Terms or our
exposed under these state and federal laws to criminal charges, and civil
liability to harmed parties for compensatory damages, attorney’s fees, and
other sanctions. Acquire reserves the right at all times to disclose
information it deems necessary to satisfy any applicable law, regulation, legal
process, or governmental request.
the right to decide whether User Content violates these Terms for reasons other
than copyright infringement, such as, but not limited to, pornography,
obscenity, or excessive length. Acquire may at any time, without prior notice
and in its sole discretion, remove such User Content and/or terminate or suspend
a user’s account for submitting such material in violation of these Terms our
our discretion, that it is necessary, we will disable or take other related
action concerning accounts that in our view are using excessive bandwidth or
other system resources. Upon any termination or expiration of your account
and/or your access to the Site, whether by you or us, Acquire may remove and
discard all or any part of any User Content uploaded by you and such User
Content may no longer be accessible by you. Acquire will have no obligation to
maintain any such information in its databases or to forward any such
information to you or any third party.
termination may result in the forfeiture and destruction of all information
associated with your account. If you wish to terminate your account, you may do
so by contacting Acquire customer service at support@AcquireRealEstate.com or
by deleting your account and discontinuing your use of the Site. Any fees paid
to us are non-refundable, unless otherwise specified and you shall remain
obligated to pay all outstanding charges, if any, relating to your use of the
Site prior to such termination. All provisions of these Terms that by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
MODIFICATION OF AGREEMENT
the right, in its sole and absolute discretion and without any prior notice to
you, to modify, correct or replace any of these Terms, or change, suspend, or
discontinue the Site (including without limitation, the availability of any
feature, database or content) at any time. Such modification shall become a
part of these Terms and is automatically effective once posted on the Site.
This Agreement may not be orally amended. Acquire may also impose limits on
certain features and services or restrict your access to all or a part of the Site
without notice or liability. It is your responsibility to check these Terms
periodically for changes. Your continued use of the Site following the posting
of any changes to the Terms constitutes your acceptance of those changes.
FEES AND PAYMENTS
Acquire may now
or in the future charge fees for the use of the Site or certain features
thereof. You agree to pay to Acquire all applicable fees for use of the Site or
for investment or purchases made on or through the Site, at the then-current
rates (including any applicable taxes). Unless otherwise communicated to you by
Acquire in writing, all fees and charges are nonrefundable. Acquire may change its
fees at any time. In the event of any change in fees, Acquire may post a notice
on the Site or send you a notice via email in advance of such change.
bill all applicable fee and charges through the payment method specified by you
(e.g. a credit card or electronic funds transfer). If you pay any applicable
fees with a credit card, Acquire may seek pre-authorization of your credit card
account to verify that the credit card is valid and has the necessary funds or
credit available. You authorize such credit card account to pay any amounts
described herein, and authorize Acquire to charge all sums described herein to
such credit card account. You agree to provide Acquire updated information
regarding your credit card upon Acquire’s request and any time the earlier
provided information is no longer valid.
YOU AGREE THAT
YOUR USE OF THE SITE AND ANY INVESTMENTS, CONTENT, PRODUCTS, SERVICES, OR
FEATURES MADE IN CONJUNCTION WITH OR THROUGH THE SITE SHALL BE AT YOUR SOLE
RISK AND UNLESS OTHERWISE EXPRESSLY STATED BY ACQUIRE, ARE PROVIDED “AS IS” AND
“AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, ACQUIRE, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COMPLIANCE WITH UNITED STATES FEDERAL
AND STATE SECURITIES OR BLUE SKY LAWS OR REGULATIONS, SECURITIES EXCHANGE OR
SELF-REGULATORY ORGANIZATION’S RULES OR REGULATIONS, AND EQUIVALENT LAWS OR
REGULATIONS IN FOREIGN JURISDICTIONS, CORRECTNESS, ACCURACY AND RELABIILITY.
ESTATE HAS NO CONTROL OVER AND NO DUTY TO TAKE ANY ACTION REGARDING AND MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY:
MISTAKES, OR INACCURACIES OF CONTENT,
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE,
ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL
INFORMATION STORED THEREIN,
OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE.
ACQUIRE DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR ANY HYPERLINKED SERVICES AND
ACQUIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ACQUIRE AND ITS
AFFILIATES HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU AND
WITHOUT LIMITING THE FOREGOING, MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT
TO THE MERITS AND RISKS OF ANY INVESTMENTS MADE BY OR THROUGH THE SITE. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
ACQUIRE IS NOT
RESPONSIBLE FOR VERIFYING THAT ANY INVESTOR OR USER IS AN ACCREDITED INVESTOR
BEYOND REVIEWING INFORMATION SUBMITTED DIRECTLY TO ACQUIRE. ACQUIRE DOES NOT
RECOMMEND ANY INVESTMENT OPPORTUNITIES SPECIFICALLY TO OR FOR ANY USER OR
ENDORSE THEIR SUITABILITY FOR INVESTMENT BY ANY SPECIFIC USER.
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
IN NO EVENT
SHALL ACQUIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, CONTENT
PROVIDERS OR AGENTS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR
YOUR USE OF THE SITE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR ANY OTHER DAMAGES.
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY ALSO APPLIES WITH
RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD
OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN
ACQUIRE AND RECEIVED THROUGH THE SITE OR ANY LINKED SITES.
IN NO EVENT WILL
ACQUIRE OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY
PARTNERS’ OR SUPPLIERS’ LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE OR
YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING
NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESS TO OR USE OF THE SITE OR ANY PART THEREOF, OR ONE
HUNDRED DOLLARS, WHICHEVER IS GREATER.
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN SUCH CASES, ACQUIRE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
To the extent
permitted by applicable law, you agree to defend, indemnify and hold harmless
Acquire, its affiliates, officers, directors, employees, contractors,
suppliers, representatives and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debts, and expenses
(including but not limited to attorney’s fees) arising from or relating to: (i)
your use or misuse of and access to the Site, or any content thereon; (ii) your
you or any third party using your access identification to the Site, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that your User Content caused damage to a third party.
This defense and
indemnification obligation will survive this Agreement and your use of the Site.
Acquire reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
assist and cooperate with us in asserting any available defenses.
Accessing the Site
is prohibited from territories where the Site or any content thereon is
illegal. If you access the Site from other locations, you do so at your own
initiative and are responsible for compliance with local laws.
GOVERNING LAW; ARBITRATION
(and any further rules, policies, or guidelines incorporated by reference)
shall be governed by and construed and enforced in accordance with the laws of
the State of Delaware as they apply to agreements entered into and to be
performed entirely within Delaware between Delaware residents, without giving
effect to any principles of conflicts of law, and without application of the
Uniform Computer Information Transaction Act or the United Nations Convention
of Controls for International Sale of Goods. By your agreement to the Terms and
your use of the Site, you agree to submit to personal jurisdiction in Delaware
for all purposes, and you agree to waive, to the maximum extent permitted by
law, any right to a trial by jury for any matter.
agreed in writing by you and Acquire, any dispute arising out of or relating to
the Terms, or any breach thereof, shall be finally resolved by binding
arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules, or such arbitration body as required by law, rule
or regulation, and final judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction. The arbitration will be conducted
in the English language before a single arbitrator in Delaware. Such
arbitration must be commenced within one (1) year after the claim or cause of
action arises. Judgment on any award entered by the arbitrator may be entered
in any court having jurisdiction thereof. Notwithstanding the foregoing, either
Acquire or you may apply to any court of competent jurisdiction for injunctive
relief without breach of this arbitration provision.
Any cause of
action arising out of or related to the Site, and all products and services
offered via the Site must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred. You
acknowledge and agree that you may bring claims against Acquire only in an
individual capacity and not as a plaintiff or class member in any purported
class or representative proceeding.
ELECTRONIC DELIVERY AND NOTICE POLICY
By using the Site,
you consent to receive from Acquire, or any of its affiliates, officers,
directors, partners, agents, or employees, all communications, including
notices, agreements, legally required disclosures, or other information in
connection with the Site or investment offerings made available to you via the
Site (collectively, “Notice Information”) electronically. Acquire may provide
the electronic Notice Information by posting it on the Site or sending the
Notice Information to the email address you provided to us during the account
registration process. If you desire to withdraw your consent to receive Notice
Information electronically, you must discontinue your use of the Site. Except
as explicitly stated otherwise, legal notices will be served, with respect to
Acquire and the Site to contact@AcquireRealEstate.com.
Communication Privacy Act Notice (18usc 2701-2711): Acquire makes no guaranty
of confidentiality or privacy of any communication or information transmitted
on the Site or any website linked to the Site. Acquire will not be liable for
the privacy of email addresses, registration and identification information,
disk space, communications, confidential or trade-secret information, or any other
content stored on Acquire’s equipment, transmitted over networks accessed by
the Site, or otherwise connected with your use of the Site.
These Terms of
by Acquire on the website, shall constitute the entire agreement between you
and Acquire concerning the Site and your use thereof, and supersedes all prior
or contemporaneous communications, agreements and understandings between
Acquire and you with respect to the subject matter hereof. To the extent these
These Terms shall not be assignable by you, either in whole or in part. Acquire
reserves the right to assign its rights and obligations under these Terms
without restriction. The failure of Acquire to enforce any right or provision
of these Terms will not constitute a waiver of future enforcement of that right
or provision. The waiver of such right or provision may only become effective upon
written agreement signed by a duly authorized representative of Acquire. The
only and have no legal or contractual effect. If for any reason any provision
of these Terms, or a portion thereof, shall be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of these Terms, and the remainder of these Terms shall continue in full force
and effect. If any provision of the Terms shall be unlawful, void, or for any
reason unenforceable, then that provision will be deemed severable from the
Terms and will not affect the validity and enforceability of any remaining
provisions. A printed version of these Terms shall be admissible in judicial or
Questions? Please email us at contact@AcquireRealEstate.com.