These Terms of Service (“Terms”) set forth the legal terms and conditions for use of the various services offered by Terramint Group, Inc. (“we,” “us,” “our,” “Realbricks”), in addition to its affiliates and subsidiaries, software application, website (the “Site”), and/or other online platform(s) (collectively, “Services”) by you and all other users of the Services (“You” or “Your”). Currently, the Services are available for residents of the United States ONLY in the states where we or our authorized broker-dealer(s) are registered. This Agreement shall apply to all users of Realbricks whether a 'visitor,' 'registered user’ and you are only authorized to use the Services if you agree to abide by all applicable federal and state laws and be legally bound by all of the Terms.
IMPORTANT: The Terms include a waiver of jury trial and a binding arbitration provision that requires You to submit to binding arbitration as an individual to resolve any and all disputes with Company and/or this Agreement, as an alternative to a jury trial or pursuit of a class action lawsuit.
INVESTMENTS AND REAL ESTATE ASSETS DISCLAIMER.
- General Disclaimer. Nothing contained within the Services, including, without limitation, any RealBricks Content (as defined below), constitutes investment, financial, accounting, tax or legal advice or should be considered an offer, solicitation of an offer or advice to buy or sell securities. Any decisions based on the information contained in the Services are the sole responsibility of You. The securities made available through or discussed on the Services, representing interests in various real estate assets, may not be suitable for all investors. RealBricks makes no representations that such securities are available to or appropriate for investors or users in all jurisdictions or locations, nor that any investment vehicle is available or suitable for any particular user or purpose. All users accessing the Services do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
- General Investment Risks. Investing involves risk, including market risks and macro conditions such as inflation and political and economic risk, and investments may lose value. Before investing, consider your investment objectives, financial resources, experience and risk tolerance and fees related to investing through the Services. Past performance does not guarantee future results. Investment outcomes and projections are hypothetical in nature and cannot be guaranteed. Investing in real estate assets, and in securities representing interests in real estate assets, involves higher risks than traditional investments and may have different financial and/or tax implications.
By using the Services, you represent and warrant that, with respect to making, or the decision to make, an investment in any security made available on or through the Services:
- You have read and understand the risks herein, You are aware of the general risks of any investment in real estate assets or securities representing interests in real estate assets;
- You agree to exercise your own discretion and judgment before making any investment decision in any and all securities offered via the Services;
- You are solely responsible for compliance with all applicable laws regarding any Realbricks transaction, including, without limitation, determination of whether an investment is in compliance with any and all relevant laws (whether a state, federal, local, or foreign law);
- You will obtain professional advice as is appropriate to protect your interests, including any legal, accounting, financial or other relevant advice;
- You understand and agree that Realbricks is not in any way acting as an investment advisor or similar in relation to securities made available via the Services, providing any advice related to such securities and is not, and will not be, in any way responsible for the success or failure of any investments made through the Services; and
- In making any investment decisions offered by the Services, You are not relying upon any person or entity other than the underlying issuer of an investment.
- Limited License. Realbricks grants to You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services for your personal, noncommercial uses only, on the condition that You fully comply with these Terms. Your use of the Services requires that any account information you submit to Realbricks is accurate, up to date, and complete. Any rights not expressly granted herein are reserved by Realbricks. The Services are defined herein as any web-based services, software applications, or widgets offered by Realbricks that may be downloaded and/or installed from third-party application stores such as the Apple App Store or Google Play Store, subject to the separate terms of and conditions such stores, or other authorized third-parties. To fully use the Services, you may need access to and are fully responsible for having compatible computer hardware, software (latest version recommended and sometimes required) and internet access (standard carrier fees may apply including data charges and text messaging). The performance of the Services may be affected by these and/or other factors. Realbricks can not and does not make any representations or warranties whatsoever with respect to the devices used to access or use the Services, including with respect to device compatibility.
- Availability of Services. While the Company will make every attempt to maintain the availability of the Services at all times, the Services may be subject to temporary or permanent unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. At any time, Realbricks reserves the right to discontinue, change, suspend, remove and/or disable access to any Services and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability to You. In no event will we be liable for the discontinuance, modification, suspension or removal of, or disabling of access to, any such Service at any time and/or for any period of time. Also, from time to time, access to some parts of the Services, or all Services, may be limited only to registered users.
- Responsibilities. It is a material breach of these Terms to i. impersonate any third-party when creating an account, ii. create or use an account on behalf of anyone other than yourself; iii. allow any third parties to use your account; or iv. provide personal information for purposes of account registration other than your own. So that Realbricks can properly administer the Services, You hereby grant Realbricks the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You may use the Services only for lawful purposes and in accordance with these Terms.
- Account Security. You are solely responsible for any and all activities that take place with your account. You will treat as confidential your account information and will not disclose your account information to any third party. You agree to immediately notify us if you have any reason to believe that your Realbricks account has been compromised or that there is, was, may be or may have been any unauthorized use of your account or password, or any other breach of security. Realbricks strongly encourages all users to enable added account security functionality such as two-factor authentication which can be enabled on your account. Moreover, we encourage caution when accessing your account from any public or shared computer, or when using your account via a public wireless connection, such as a coffee shop or hotel, so that third parties are unable to intercept your account or other personal information.
- Termination. Realbricks may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your registration and account, you may do so at any time by contacting us at email@example.com. Upon any termination, all rights and obligations of the parties shall cease, and you shall immediately cease using the Services, except that: i. all obligations that accrued prior to the effective date of termination, ii. all remedies for breach of these Terms and iii. the provisions of Sections 5, 7, 9-14 shall survive termination.
Restrictions on Use. You agree not to, and will not assist, encourage or enable others to:
Use the Services:
- To violate any applicable national, regional, federal, state, local or international law or regulation, or to encourage any such violation or any illegal activity;
- For any commercial purpose, except as expressly permitted under these Terms;
- In a manner that is defamatory, abusive, threatening, offensive, an invasion of a right of privacy of another person or could otherwise be reasonably expected to harm any person or entity;
- To violate these Terms or any other rules or policies posted by us on our website or otherwise provided to you;
- To transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; or
- To violate the security of any computer network or crack passwords or security encryption codes;
- Reverse engineer, decompile, reverse assemble or perform any other operation on or with the Services that would reveal any source code, trade secrets, know-how or other proprietary information;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services, except as expressly authorized by Realbricks;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
- Record, process, harvest, scrape, collect or mine information via the Services about the Services and/or any Realbricks users for any purpose whatsoever including constructing or populating a searchable database;
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features or other restrictions of the Services;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
- Attack the Services via a denial-of-service, distributed denial-of-service or other form of attack; and/or
- Otherwise attempt to interfere with the proper working of the Services.
Intellectual Property Rights.
- Content. Realbricks is the sole owner of the Services, its trademarks, logos, branding, and any other Content developed in relation to the Services (“Realbricks Content”), including, without limitation, current and future proprietary rights of every kind and nature, however denominated throughout the world, registered or unregistered, associated with such Realbricks Content and the Services (collectively, “Realbricks IP”). Except as expressly provided herein, we do not grant to you any express or implied rights, and all rights in and to the Realbricks IP are reserved by Realbricks. We are not responsible or liable to any third party for the content or accuracy of any materials shared by you or any other user through the Services. You understand that when using the Services, you may be exposed to text, images, photos, audio, video, location data and/or other forms of data or communication (“Content”) from multiple third-parties, and that Realbricks is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.
- User Feedback. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to firstname.lastname@example.org. By sending us any ideas, suggestions, documents and/or proposals (“Feedback”), you agree that (i) the Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us; and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and/or sublicense the Feedback, and you irrevocably waive, and agree to cause to be waived, against Realbricks and its users any claims and assertions of any moral rights contained in such Feedback.
- WARRANTY DISCLAIMER. REALBRICKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY AND/OR FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REALBRICKS DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF THE SERVICES OR ANY CONTENT. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. REALBRICKS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND/OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, REALBRICKS DISCLAIMS ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REALBRICKS OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ANY RELIANCE UPON EITHER ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REALBRICKS OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION AND/OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT REALBRICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWNTIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100.00). IT IS THE INTENTION OF YOU AND US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification. You agree to indemnify and hold harmless Realbricks, its subsidiaries, affiliates and licensors and their respective owners, managers, officers, directors, members, shareholders, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and/or fees (including reasonable attorneys' fees) resulting from (a) your violation of these Terms; (b) your use or access of the Services; (c) your violation of any third-party right, including, without limitation, any intellectual property right or right of publicity; (d) any claim that your use of the Services caused damage to a third party; or (e) from any decision that you make based on or through, as applicable, the Services, Content or any other investment vehicle made available via the Services.
- CLASS ACTION AND JURY TRIAL WAIVERS. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, THE PARTIES ARE BOTH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- ARBITRATION. THIS SECTION REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND PROVIDES LEGAL LIMITATIONS ON THE MANNER BY WHICH YOU CAN PURSUE LEGAL CLAIMS AGAINST REALBRICKS. For any dispute with Realbricks, you agree to first contact us at email@example.com and attempt to resolve the dispute on an informal basis. After sixty (60) days, if the the Parties have still been unable to resolve an ongoing dispute, the Parties mutually agree to pursue any and all claims, disputes or controversies (excluding any claims for injunctive or other equitable relief as provided below) arising out of, in connection with or relating to these Terms, or the breach or alleged breach hereof (collectively, “Claims”), by binding arbitration by JAMS, under the “Optional Expedited Arbitration Procedures” then in effect for JAMS, except as provided herein. JAMS may be contacted using the information provided at https://www.jamsadr.com/. The arbitration will be conducted in Laramie, Wyoming, unless you and Realbricks agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and/or arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys' fees and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Realbricks from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or violation of our data security, intellectual property rights or other proprietary rights.
Payment Provider Terms.
- We may provide for electronic funds transfers (“EFTs”) as a method to receive electronic deposits from users, to purchase and redeem investments, and for refund purposes. EFTs are processed through automated clearinghouse (ACH) and Dwolla. EFTs allow you to participate in, by purchasing securities, offerings by our affiliates. In order to use this payment functionality, you authorize us to share your identity and bank account data with Dwolla and/or North Capital Private Securities (“NCPS”), a broker-dealer registered with the SEC and member FINRA and SIPC, and with North Capital Investment Technology (“NCIT”) for the purpose of processing your EFTs, and you are responsible for the accuracy and completeness of that data. You understand that you will access and are responsible for managing your bank account data through the Services. You also authorize us, NCPS and NCIT to process EFTs as you direct through the Services. You acknowledge that none of NCPS, NCIT or Realbricks will be liable for any loss, expense or cost arising out of EFT services provided through your use of the Services, which EFTs are based on your instruction. NCPS and NCIT are third-party beneficiaries to these Terms.
- Complete Agreement. These Terms constitute the sole and entire agreement between you and Realbricks with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
- No Waiver. No waiver of these Terms by Realbricks shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Realbricks to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Assignment. hese Terms and all rights or obligations hereunder, may not be assigned, transferred, or sublicensed by you to any third-party whatsoever, unless you have received the prior written consent of Realbricks, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms.
- Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
- Choice of Law. These Terms shall be governed by the laws of the State of Wyoming, without respect to its conflict of laws principles. You agree to submit to the sole and exclusive personal jurisdiction and venue of the federal and state courts located in Laramie, Wyoming. Your use of the Services may also be subject to other local, state, national or international laws.
- Disclosure. You agree that we have the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including, but not limited to, our right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights).
- Changes to Terms. You understand that the Terms are subject to change by Realbricks at any time and at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions to the Terms. If the proposed amendments include material alterations that affect your rights or obligations under this Agreement, Realbricks shall notify you in advance of the changes by reasonable means, which may include notification through the Services or via email. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Site. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent. Your continued use of the Services will be deemed acceptance hereof. What is defined herein as “material alterations” will be determined at our sole and final discretion.
Last updated on October 14, 2022