We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website and Platform, or to modify this Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, you may not continue use of the Website.
The Website is available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
By accessing and/or using the Website or the Platform, you hereby agree to comply with the following guidelines:
- You will not use the Website or the Platform for any unlawful purpose;
- You will not access or use the Website or the Platform to collect any market research, including for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website or the Platform;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website or the Platform;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website or the Platform;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or the Platform, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website or the Platform through hacking, password or data mining, or any other means.
Registration and Eligibility for the Platform
If you wish to access the Platform, you must create an account, as either a bank or a participant. If you wish to use the Platform as both a bank and a participant, you will have an opportunity to link your two accounts for easy toggling between them.
During the registration process, we will require you to create a sign-in name (“Sign-In Name”) and a password (“Password”), and to provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website or the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to require you to change your Password, Sign-In Name, or Unique Identifiers at any time and for any reason.
The Website and the Platform are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Metechi and its licensors exclusively own all right, title, and interest in and to the Website and the Platform, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or the Platform.
The Website contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Metechi (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Website, the Platform, and the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Metechi (the “Metechi Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Metechi. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Metechi Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Metechi Trademarks inures to our benefit.
Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
The Platform allows Users to post and upload content about real estate investment opportunities, which content is only accessible to Users of the Platform (and which access may be further restricted pursuant to the applicable Supplemental Platform Agreement). All content uploaded by Users is subject to the terms and conditions of the applicable Supplemental Platform Agreement.
We welcome and encourage Users to provide feedback, comments, and suggestions for improvements to the Website and the Platform (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
Disclaimer of Warranties; Limitation of Liability
THE WEBSITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER METECHI NOR OUR SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND METECHI HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT METECHI AND OUR SUPPLIERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
YOU HEREBY ACKNOWLEDGE THAT IF YOU ATTEMPT TO REGISTER FOR THE PLATFORM, EITHER AS A BANK OR A PARTICIPANT, METECHI’S DECISION TO PERMIT OR DENY YOU ACCESS TO THE PLATFORM, BASED ON YOUR ABILITY OR INABILITY TO MEET THE APPLICABLE REGISTRATION QUALIFICATIONS, IS NOT MEANT TO, AND IT DOES NOT, INDICATE OR CONFIRM YOUR CREDITWORTHINESS, SOLVENCY, OR OTHER FINANCIAL STATUS, AND IT MAY NOT BE RELIED UPON BY YOU OR ANY THIRD PARTY TO MAKE ASSESSMENTS ABOUT YOUR FINANCIAL STABILITY OR OTHERWISE. ANY SUCH ASSESSMENTS OR DECISIONS, INCLUDING, WITHOUT LIMITATION, MORTGAGE, CREDIT, OR INSURANCE UNDERWRITING DECISIONS, ARE MADE AT YOUR, OR SUCH THIRD PARTY’S, SOLE DISCRETION AND RISK.
THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. METECHI DOES NOT OPERATE AS A BANK, A BROKER, A LENDER, BROKER-DEALER, FINANCIAL INSTITUTION OF ANY KIND, OR AN ACCOUNTING, FINANCIAL, OR INVESTMENT PLANNER OR ADVISOR. METECHI DOES NOT PROVIDE REAL ESTATE, FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX, OR LEGAL ADVICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. IN MAKING AN INVESTMENT DECISION, YOU MUST RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE TERMS OF THE OFFERING. ALL INFORMATION PROVIDED BY METECHI SHOULD BE INDIVIDUALLY VERIFIED AND CONSIDERED BY YOU WITHOUT ANY ASSUMPTION OF EXPERTISE ON THE PART OF METECHI. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY INVESTMENT. WE HAVE NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO OUR USERS.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS PROVIDED IN ANY APPLICABLE SUPPLEMENTAL PLATFORM AGREEMENT.
THE WEBSITE AND THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH ERRORS LISTED THEREIN. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE PLATFORM AT ANY TIME WITHOUT NOTICE.
You will indemnify, defend, and hold Metechi, its affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Metechi Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees incurred by any Metechi Indemnitee in connection with a third-party claim, action, or proceeding arising from (i) your use of the Website in violation of this Agreement; or (ii) your gross negligence or willful misconduct.
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Compliance with Applicable Laws
The Website is based in the United States. We make no claims concerning whether the Website may be viewed or be appropriate for use outside of the United States. If you access the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Controlling Law; Exclusive Forum
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.
This Agreement and any action related thereto will be goIf this Agreement is terminated, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Disclaimer of Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”