(a) This Term of Use agreement (Agreement) specifies the terms and conditions for access to and use of www.fintor.com (Site) and the Fintor mobile application (App, and collectively with the Site, the Services) and describes the terms and conditions applicable to Your access, viewing and use of the Services. This Agreement may be modified at any time by Fintor effective upon posting of the modified Agreement. We encourage You to view the most recent version of these terms at any time by visiting www.fintor.com/terms-of-use. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement. You acknowledge that it is Your responsibility to review the Agreement’s terms and conditions from time to time and be aware of any such changes.
(b) IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FINTOR, ITS LICENSORS OR ITS AGENTS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND INCLUDES A WAIVER OF YOUR RIGHT TO COMMENCE OR PARTICIPATE IN A CLASS ACTION LAWSUIT. PLEASE REVIEW CAREFULLY SECTION 14 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING WITHOUT LIMITATION THE PROCEDURE TO OPT OUT OF ARBITRATION).
You grant to Fintor a non-exclusive license to copy, use and display any and all personally identifiable data, information or communications sent, or entered by You while accessing the Services (User Information), to the extent necessary for Fintor to provide the Services. User agrees that Fintor may provide the User Information to third-parties, including but not limited to affiliates of Fintor, registered broker dealers and third party agents facilitating the purchase of securities or real estate (a Third Party), including a copy of the Your identification documents and personal information, and to help Fintor communicate with you. Fintor is under no obligation, to review User Information for accuracy, potential liability or for any other reason.
3. Ownership; External Sites
(a) All content included within the Services is and shall continue to be the property of Fintor or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by You of any such content or any part of the Services is prohibited, except as expressly permitted in this Agreement. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of the Services.
(b) The Service may contain links to or integration of third-party websites or services that are not affiliated with Fintor (External Sites). These links are provided solely as a convenience to you and not as an endorsement by us of the content on or the operators of 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. Fintor does not control these External Sites or services, is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any 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 any External Sites, you do so at your own risk. You agree that Fintor will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
4. Intended Audience
In order to access and use the Fintor platform or register a Fintor Account You must be an individual aged at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country You are established and able to enter into legally binding contracts. The Service is only intended for use by persons located in the United States and its territories. Fintor makes no representation that the Service is appropriate or available for use outside the United States. Similarly, Fintor makes no representations that accessing the Service from locations outside the United States is legal or permissible under law.
5. Use of Services
(a) Fintor grants You a limited, revocable, nonexclusive license to use the Services solely for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use, as permitted by the applicable terms of service of the mobile app store from where You downloaded any mobile application necessary to access the Services and the specific usage rules set forth therein. You agree not to copy materials on the Services or break into the Services, or use materials, products or services in violation of any law. Your use of the Services is at the discretion of Fintor and we may terminate Your use of the Services at any time for any reason, including if it believes Your activities may be in violation of securities laws or pose a risk to Fintor or the App, including if Your actions appear to be with the intent to manipulate the price or trading volume of any security or if You repeatedly place false indications of interest. To the extent that the Services incorporate any third-party software licensed by Fintor, or that You are directed to a Third Party via the Services, then, in addition to the terms set forth herein, You must comply with any additional terms, restrictions, or limitations applicable to such third party software. Fintor reserves the right to change, suspend, limit, or discontinue your use of the Services, function, or feature suspend or terminate the relevant parts of this Agreement at any time, (i) if the Third Party revokes the status of Fintor as an intermediary to provide You such Service, function, or feature; or (ii) at the request of the Third Party, such requests being at the discretion of the Third Party, without notice or liability; or (iii) if due to a breach by You of the applicable terms of the this Agreement. Fintor is not responsible for equipment defects, lack of service, or other issues arising from Third Party services or equipment.
(b) In using the Service, you agree not to (i) take any action that imposes an unreasonable load on the Service’s infrastructure; (ii) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; (iii) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Service; (iv) alter, deface, mutilate, circumvent, or otherwise bypass any approved software through which the Service is made available; (v) use any Trademarks, photographs, or other content belonging to Fintor or obtained from the Service without our express written consent; (vi) provide any false personal information to Fintor; (vii) create a false identity or impersonate another person or entity in any way; (viii) create a new Account with Fintor, without Fintor’s express written consent, if Fintor has previously disabled an Account of yours; (ix) gain unauthorized access to the Service, to other users’ Accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; (x) make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (xi) violate any applicable federal, state, or local laws or regulations (including the laws of the jurisdiction in which you are located) or the terms of this Agreement; or (xii) assist or permit any persons in engaging in any of the activities described above.
(c) You alone are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You will notify us immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Fintor will not be liable for any loss or damage arising from unauthorized use of your credentials. Separate log-in credentials may be required to access External Sites.
6. Additional Terms Applicable to iOS Devices.
7. Investment Opportunities.
You acknowledge that the Services may, from time to time, provide You with the opportunity facilitate the making of an investment, direct You to resources to facilitate the making of an investment, or to provide information that may be used in evaluating whether to make an investment in the partial ownership of a legal entity that owns real estate (Investment). Any such opportunity for You to make any such investment shall, at all times, be made available only through a broker-dealer registered with FINRA and the U.S. Securities Exchange Commission and subject to the qualification of the User as a qualified purchaser (as determined by the applicable securities laws of the United States) and further application, as determined by Fintor in its sole discretion. You acknowledge that You has no right to make any investment solely by downloading and/or otherwise accessing the Services. Furthermore, any User who invests in a legal entity that owns real estate via the Services acknowledges that transfer of such ownership interests is restricted by federal and state securities law. As such, You are prohibited from offering such ownership interests for sale to the public. You acknowledge and understands that Fintor makes no recommendation with respect to the purchase of, or any investment decision made in respect of, any security, and is providing You with no investment advice whatsoever. You acknowledge that Fintor does not and will not provide You with any legal, tax, estate planning, accounting or other advice. Further, Fintor will not provide You with any advice regarding the suitability, profitability or appropriateness for me of any security, investment, or other matter. Nothing in this Agreement constitutes an offer, or a solicitation of an offer, to buy or sell securities. You further acknowledge that Fintor neither assumes responsibility for nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by You, or by third parties, including, but not limited to any Third Party, including any real estate agency or broker-dealer.
8. Compliance with Laws
You agree to comply with all applicable laws regarding Your use of the Services. You further agreed that information provided by You is truthful and accurate to the best of Your knowledge. You further agree to all applicable background, investor qualification or other similar due diligence steps that Fintor may need to conduct in connection with the Services.
To the fullest extent permitted by law, You agree to indemnify, defend and hold Fintor and our partners, employees, and affiliates, harmless from any liability, loss, claim, proceeding, governmental investigation and expense, including reasonable attorney’s fees, related to Your violation of this Agreement, Your infringement of any intellectual property rights, Your reliance on, or decisions You make with, information obtained from the Services or your interactions with Third Parties in connection with the Services or Your use of the Services. Fintor reserves the right to, at your expense, assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Fintor’s defense of such matter.
THE INFORMATION ON THE SITE OR APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. FINTOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FINTOR WILL HAVE NO LIABILITIES FOR AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED, STATUTORY OR IMPLIED (A) REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE OR FOR ANY DATA, INFORMATION, CONTENT OR USER INFORMATION PROVIDED BY THE SERVICE; (B) REGARDING ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF FINTOR’S REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICE; (C) THAT USE OF THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT IT WILL BE FREE OF COMPUTER BUGS OR OTHER PROBLEMS; (D) THAT THE USE OF THE SERVICE WILL BE FREE FROM ELECTRONIC VIRUSES; (E) THAT GUARANTEES THE COMPLETE SECURITY OF THE SERVICE, OR THAT THE QUALITY OF THE SERVICE MEETS YOUR EXPECTATIONS; OR (F) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
11. Regulatory Disclosure
(b) The information contained via Services has been prepared by Fintor without reference to any particular user’s investment requirements or financial situation. Potential investors are encouraged to consult with professional tax, legal, and financial advisors before making any investment into a securities offering. An investment in new issues of securities would be speculative and would involve a high degree of risk. Investors must be prepared to bear the economic risk of such an investment for an indefinite period of time and be able to withstand a total loss of their investment. Please consider carefully the investment objectives, risks, transaction costs, and other expenses related to an investment prior to deciding to invest.
(c) YOU MUST CAREFULLY REVIEW THE RELEVANT OFFERING CIRCULAR, ANY SUPPLEMENT THERETO AND THE SUBSCRIPTION DOCUMENTATION BEFORE DECIDING TO INVEST. Fintor has created these Services solely for the purpose of providing interested parties with an introduction to the business of Fintor in order for the interested party to evaluate whether to proceed with a more in-depth investigation of any offerings obtainable through a registered representative. These Services are not, and under no circumstances are they to be construed as, an offer to sell the securities of any issuer, whether or not it is an affiliate of Fintor, which may only be made at the time a qualified offeree receives the relevant confidential offering documentation, which contains important information about the investment and the risks of investing in it. Any potential offer would not be valid in a jurisdiction where the offer or sale of the securities is unlawful.
(d) Past performance is no guarantee of future results. An investor can lose money. Diversification and asset allocation do not ensure a profit or guarantee against loss. There can be no guarantee that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Investment decisions should be based on an individual’s own goals, time horizon, and tolerance for risk.
(e) The information contained herein is provided for informational and discussion purposes only and is not, and may not be relied on in any manner as legal, tax, or investment advice, or as an offer to sell or a solicitation of an offer to buy an interest in any security. Such an offer can only be made by providing qualified investors at their request Offering Documentation, which will be furnished to qualified investors for their consideration in connection with any such offering. The information contained herein will be qualified in its entirety by reference to the Offering Documents, other agreements, and documents referred to therein, which contain additional information about the investment objective, terms, risks, and conditions of an investment. Nothing contained herein shall be deemed to be binding against, or to create any obligations or commitment on the part of, any potential investor, the offering sponsors, or their respective affiliates. No person has been authorized to give any information or make any representation or warranty regarding the subject matter hereof, either express or implied, and, if given or made via the Services, in other materials, or orally, such information, representation, or warranty cannot and should not be relied upon, nor is any representation or warranty made as to the accuracy, content, suitability, or completeness of the information, analysis, or conclusions, or any information furnished in connection herewith contained within the Services.
(f) You understand that Fintor is not registered as an investment company under the Investment Company Act of 1940 or an investment adviser under the Investment Advisers Act of 1940, and thus investors will not have the benefit of the protections of the Investment Company Act or the Investment Advisers Act. Neither the U.S. Securities and Exchange Commission nor any state securities authority has approved or disapproved of any securities that may be made available through the Services nor have any of the foregoing passed upon or endorsed the merits of any offering or the accuracy or adequacy of any of any Offering Circular or other communication. Any representation to the contrary is a criminal offense.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FINTOR OR ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SERVICES. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to You.
13. Use of Information
14. Applicable Law; Arbitration
(a) You agree that the laws of the State of California, without regard to its conflicts of laws provisions, will govern this Agreement and any dispute that may arise between You and Fintor or its affiliates.
(b) In the interest of resolving disputes between You and Fintor in the most expedient and cost effective manner, You and Fintor agree that any dispute arising out of or related to this Agreement or Your use of the Service will be resolved by binding arbitration, as set forth more fully in this Section 14. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FINTOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
(c) Notwithstanding Section 14.b above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue a claim under applicable securities laws through the applicable federal, state, or local agency; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
(d) Any arbitration between You and Fintor will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Fintor. The arbitration will be conducted in the English language and held before a single arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.
(e) If Your claim is for U.S. $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or videoconference hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in California unless the parties both agree in writing to a different location. You and Fintor agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of the terms of this Agreement.
(f) Except as otherwise provided in this Agreement, if Fintor makes any future change to this arbitration provision, other than a change to Fintor’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to Fintor’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between You and Fintor.
(g) If any of the specific provisions within this Section 14 are found to be unenforceable, the remainder of this Section 14 shall not be affected thereby and, to this extent, the provisions of this Section 14 shall be deemed to be severable.
If any provision of this agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of Fintor to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Fintor must be in writing and signed by an authorized representative of Fintor.
Fintor may terminate this Agreement at any time, with or without notice, for any reason.
18. Contact Information
19. Relationship of the Parties
Nothing contained in this Agreement or Your use of the Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
20. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us regarding the Services at the addresses you provide when establishing your Account and via your Account on the App. Please promptly update any changes to your registration information in your settings associated with the Service. Fintor is entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address or via the App. You agree that any notices, agreements, disclosures, or other communications relating to the Service or this Agreement that we send to you electronically (including via the Service) will satisfy any legal communication requirements, including that such communications be in writing. Without limitation of the foregoing, you agree to be bound by any affirmation, assent, or agreement you transmit through the Service you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. For the avoidance of doubt, You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
21. Entire Agreement
To find out more about the services offered by Fintor, please visit www.fintor.com.