General Terms for All Users
Summary
These Terms of Use (“Agreement”) should be read carefully before accessing the website PrivateMoneyLoans.com.com, owned and operated by Private Money Loans, Inc. d/ba/ PrivateMoneyLoans.com, a California corporation (“PrivateMoneyLoans.com”). This Agreement sets forth the legally binding terms and conditions for your use of the Site. By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement and the Privacy Policy.
If you do not agree to all the terms of this Agreement and/or the Privacy Policy, you are not eligible to use this Site. This Agreement applies to all users of the Site, including deal sponsors (“Sponsors) and investors (“Investors”), who in any way use the Site (in each case, a “User”).
PrivateMoneyLoans.com reserves the right, in its sole discretion, without any obligation and without any notice requirement, to suspend and/or deny access to the Site for any reason. PrivateMoneyLoans.com may discontinue or change any product or service described in or offered on the PrivateMoneyLoans.com Site at any time. PrivateMoneyLoans.com further 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 PrivateMoneyLoans.com will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Investor Qualifications
The Site is available only to investors who are at least 18 years old. Investments offered through the Site are available to “Suitable investors,” as understood by a completed California BRE 870 and who meet the suitability requirement as per the California Business and Professions Code Section 10232.45. You must be a US resident with a Taxpayer Identification Number (TIN). A TIN is an identification number used by the Internal Revenue Service (IRS) in the administration of tax laws. It is issued either by the Social Security Administration (SSA) or by the IRS. A Social Security number (SSN) is issued by the SSA whereas all other TINs are issued by the IRS. 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. PrivateMoneyLoans.com may, in its sole discretion, refuse to grant or discontinue access to the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. 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 PrivateMoneyLoans.com for violations of this Agreement.
Securities Products
You may not list, offer to sell or solicit orders to buy securities from Investors, unless PrivateMoneyLoans.com has authorized such listing and you have satisfied any terms and conditions and agreed to such restrictions that PrivateMoneyLoans.com may impose. In particular, you may not use the Site in a manner that could cause PrivateMoneyLoans.com to have to register any of the securities listed on the Site with the SEC or be treated as an underwriter or investment advisor. Sponsors are responsible for ensuring that their offering materials and procedures (including investor solicitations) comply with all applicable laws and regulations.
Listings on this Site are only suitable for investors who are familiar with and willing to accept the high risk associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are less liquid. Additionally, investors may receive restricted stock that may be subject to holding period requirements. Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment.
The value of investments and the income from them can fall as well as rise. Past performance is not a guarantee of future performance. The contents of this Site do not constitute financial, legal, or tax advice and PrivateMoneyLoans.com does not provide such advice. Investors are responsible for conducting any legal, accounting or due diligence review of any listed offerings. You should obtain legal, 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.
None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation or offer buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Site has been prepared by without reference to any particular User’s investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where PrivateMoneyLoans.com is not authorized to provide such information or services. Some products and services described in the Site may not be available in all jurisdictions or to all clients.
Modification of Agreement
PrivateMoneyLoans.com reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, 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 part of this Agreement and are automatically effective once posted on the Site or by sending you an email. This Agreement may not be orally amended. PrivateMoneyLoans.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the terms of this Agreement periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Proprietary Rights
The PrivateMoneyLoans.com logo, is a service mark of Private Money Loans, Inc. PrivateMoneyLoans.com or its licensors own and retain all proprietary rights in the Site and all material and information posted thereon (“Content”). The Site contains the copyrighted material, trademarks and other proprietary information of PrivateMoneyLoans.com and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of PrivateMoneyLoans.com.
In addition, to the extent you receive information from PrivateMoneyLoans.com, Sponsors or other investors with respect to any investment activity on the Site, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Sponsor or investor. You agree that PrivateMoneyLoans.com may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of PrivateMoneyLoans.com, its users, or the public.
Confidentiality and Non-Use
You may not republish any of the deal information contained in the private or password-protected sections of the Site into any public forum or site (including the public sections of PrivateMoneyLoans.com). You acknowledge that such deal information contained in the Site, including the legal agreements and disclosure documents, is valuable to the Sponsors and PrivateMoneyLoans.com and agree to hold the same in strict confidence and not disclose it to any third party (other than your advisors and representatives who need to know the same for purposes of evaluating the investment opportunities listed on the Site and have been directed to comply with these Terms of Use) and will use and reproduce such information for no purpose other than for evaluating the investment opportunities listed on the Site. The foregoing restrictions will not apply to information that you can demonstrate (a) was in the public domain at the time it was posted on the Site; (b) entered the public domain subsequent to the time you accessed it through the Site, through no fault of yours; or (c) was in your possession free of any obligation of confidence at the time you accessed it through the Site.
Notwithstanding the above, you may disclose deal information posted on the Site, without violating the foregoing obligations, to the extent such disclosure is required by a valid order of a court or other governmental body, provided that you (to the extent legally allowed to do so) notify PrivateMoneyLoans.com prior to such disclosure so that PrivateMoneyLoans.com can, at its expense, obtain a protective order to prevent or limit the disclosure.
The Sponsors are express third-party beneficiaries to the provisions of this Section and you agree that your breach of such provisions will cause irreparable damage to the Sponsor and PrivateMoneyLoans.com for which recovery of damages would be inadequate, and that the Sponsor or PrivateMoneyLoans.com will be entitled to obtain timely injunctive relief, as well as such further relief as may be granted by a court of competent jurisdiction.
Authorized User
As described above in “Summary”, the Site is available only to investors who have been authorized by us to access the Site. Only users of PrivateMoneyLoans.com with a valid User ID and password are authorized to access the password-protected sections of the Site.
Unauthorized use of the Site, including, but not limited to 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 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. In particular, you may not use the Site to market services, such as investment advisory services, that might cause PrivateMoneyLoans.com to have to register as a broker-dealer or investment adviser with the SEC or any state securities regulator. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. PrivateMoneyLoans.com reserves the right at its discretion to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at security@PrivateMoneyLoans.com
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 PrivateMoneyLoans.com’s control, and you acknowledge that PrivateMoneyLoans.com is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by PrivateMoneyLoans.com or any association with its operators. You further acknowledge and agree that PrivateMoneyLoans.com 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 should also be aware that the terms and conditions and privacy policy of such sites may be different from those applicable to your use of the Site.
Third Party Content
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively “Third Party Content”). Sponsors assume full responsibility for all information that they upload to the Site or otherwise provided to investors. The information and materials provided by the Sponsor and all other statements and communications by the relevant Sponsor, constitute Third Party Content. PrivateMoneyLoans.com will only assume responsibility for information relating to offerings arranged by it or its affiliates. PrivateMoneyLoans.com has relied on Third Party Content being complete and accurate in all material respects, without independent verification thereof. You are responsible for reviewing and conducting your own due diligence with respect to all such Third-Party Content. PrivateMoneyLoans.com does not control, endorse, investigate, or adopt any Third-Party Content, and makes no representations or warranties of any kind regarding the Third-Party Content, including with respect to its accuracy or completeness. Except for offerings arranged by PrivateMoneyLoans.com or its affiliates, which will be identified as such, PrivateMoneyLoans.com does not endorse in any way the offerings listed on the Site or assume any responsibility for the same. You acknowledge and agree that PrivateMoneyLoans.com is not responsible or liable in any manner for any Third-Party Content or your reliance upon Third Party Content. Users use such Third-Party Content at their own risk.
Copyright Policy
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify PrivateMoneyLoans.com as soon as possible by sending an email to [email protected] , with the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, PrivateMoneyLoans.com will also terminate a User’s account if the user is determined to be a repeat infringer.
Termination
PrivateMoneyLoans.com may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
PrivateMoneyLoans.com has no special relationship with or fiduciary duty to you. You acknowledge that PrivateMoneyLoans.com has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PrivateMoneyLoans.com from all liability for you having acquired or not acquired Content through the Site. PrivateMoneyLoans.com makes no representations concerning any Content contained in or accessed through the Site, and PrivateMoneyLoans.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. By joining the Site, you agree to have a public profile that may be viewed by all other users and that any other member may contact you through the Site.
PrivateMoneyLoans.com does not represent, warrant, covenant, guarantee, or promise any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SITE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
PrivateMoneyLoans.com makes no representation or warranty, express or implied, with respect to any third party data provided to PrivateMoneyLoans.com or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. PrivateMoneyLoans.com will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by PrivateMoneyLoans.com or “force majeure” or any other cause beyond the control of PrivateMoneyLoans.com.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
Electronic Communication Privacy Act Notice (18 USC 2701-2711): PrivateMoneyLoans.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. PrivateMoneyLoans.com 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 PrivateMoneyLoans.com ‘s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
Indemnification
You shall defend, indemnify, and hold harmless PrivateMoneyLoans.com, Private Money Loans, Inc., its affiliates and each of its and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Content or otherwise from your user submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PrivateMoneyLoans.com 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 PrivateMoneyLoans.com in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL PRIVATEMONEYLOANS.COM AND/OR PRIVATE MONEY LOANS, INC., OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONEHUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Disputes
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of California. Any action arising out of or relating to this Agreement or your use of the Site or our services must be commenced in the state or federal courts located in Marin County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, PrivateMoneyLoans.com and you irrevocably waive any right to a trial by jury.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration Data, and any other information that you provide to PrivateMoneyLoans.com, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PrivateMoneyLoans.com.
Integration and Severability
This Agreement is the entire agreement between you and PrivateMoneyLoans.com with respect to use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PrivateMoneyLoans.com with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.