Copyright Policy

Real Estate Investment Swap Real Estate does not permit infringement of intellectual property rights on the Site and Real Estate Investment Swap will remove copyright infringing activities or related User Content if Real Estate Investment Swap 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 www.reiswap.com/contact, or by contacting Real Estate Investment Swap 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 Real Estate Investment Swap 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.

Pursuant to Section 512(c)(2) of the DMCA, Real Estate Investment Swap designates the following agent to receive notifications of claimed infringement:

Josh Klimkiewicz

249 Washington Street

Suite MZ-11

Boston, MA 02108

For the 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, Real Estate Investment Swap 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 Real Estate Investment Swap or its affiliates, and Real Estate Investment Swap 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 Real Estate Investment Swap 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, Real Estate Investment Swap or its affiliates.

If you have a dispute with one or more users, you irrevocably and forever release Real Estate Investment Swap (and Real Estate Investment Swap 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 the debtor.”

THIRD PARTY CONTENT

The Site may contain content from and links to third party websites or content that is not owned or controlled by Real Estate Investment Swap (collectively, “Third Party Content”). Real Estate Investment Swap 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, Real Estate Investment Swap 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 Real Estate Investment Swap FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY CONTENT. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of every other website that you visit. Users use such Third Party Content at their own risk.

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 Real Estate Investment Swap’s control, and you acknowledge that Real Estate Investment Swap 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 Real Estate Investment Swap or any association with its operators. You further acknowledge and agree that Real Estate Investment Swap 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.

ACCOUNT TERMINATION

Real Estate Investment Swap reserves 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 Privacy Policy or for any other reason. Users should also understand that the Terms and Privacy Policy are based in many instances on principles of state and federal law. Users who violate these Terms and our Privacy Policy may be 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. Real Estate Investment Swap reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Real Estate Investment Swap reserves 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. Real Estate Investment Swap 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 Privacy Policy or for any other reason. Additionally, if Real Estate Investment Swap determines, in 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, Real Estate Investment Swap 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. Real Estate Investment Swap will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party.

Account 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 Real Estate Investment Swap customer service at www.reiswap.com/contact 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

Real Estate Investment Swap reserves 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. Real Estate Investment Swap 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

Real Estate Investment Swap may now or in the future charge fees for the use of the Site or certain features thereof. You agree to pay to Real Estate Investment Swap 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 Real Estate Investment Swap in writing, all fees and charges are nonrefundable. Real Estate Investment Swap may change its fees at any time. In the event of any change in fees, Real Estate Investment Swap may post a notice on the Site or send you a notice via email in advance of such change.

Real Estate Investment Swap will 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, Real Estate Investment Swap 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 Real Estate Investment Swap to charge all sums described herein to such credit card account. You agree to provide Real Estate Investment Swap updated information regarding your credit card upon Real Estate Investment Swap’s request and any time the earlier provided information is no longer valid.

WARRANTY DISCLAIMER

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 Real Estate Investment Swap, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, Real Estate Investment Swap, 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.

Real Estate Investment Swap REAL 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:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN,

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,

ANY BUGS, 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.

Real Estate Investment Swap 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 Real Estate Investment Swap 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.

Real Estate Investment Swap 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.

Real Estate Investment Swap IS NOT RESPONSIBLE FOR VERIFYING THAT ANY INVESTOR OR USER IS AN ACCREDITED INVESTOR BEYOND REVIEWING INFORMATION SUBMITTED DIRECTLY TO Real Estate Investment Swap. Real Estate Investment Swap DOES NOT RECOMMEND ANY INVESTMENT OPPORTUNITIES SPECIFICALLY TO OR FOR ANY USER OR ENDORSE THEIR SUITABILITY FOR INVESTMENT BY ANY SPECIFIC USER.

CERTAIN STATE 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 Real Estate Investment Swap, 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.

THE FOREGOING 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 Real Estate Investment Swap AND RECEIVED THROUGH THE SITE OR ANY LINKED SITES.

IN NO EVENT WILL Real Estate Investment Swap 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.

APPLICABLE LAW 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, Real Estate Investment Swap’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Real Estate Investment Swap, 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 violation of any of the Terms or Real Estate Investment Swap’s Privacy Policy (iii) infringement by 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. Real Estate Investment Swap 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.

INTERNATIONAL USE

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

This Agreement (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.

Unless otherwise agreed in writing by you and Real Estate Investment Swap, 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 Real Estate Investment Swap 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 Real Estate Investment Swap 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 Real Estate Investment Swap, 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. Real Estate Investment Swap 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 Real Estate Investment Swap and the Site to www.reiswap.com/contact.

Electronic Communication Privacy Act Notice (18usc 2701-2711): Real Estate Investment Swap makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Real Estate Investment Swap 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 Real Estate Investment Swap’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

MISCELLANEOUS TERMS

These Terms of Service together with the Privacy Policy and any other legal notices published by Real Estate Investment Swap on the website, shall constitute the entire agreement between you and Real Estate Investment Swap concerning the Site and your use thereof, and supersedes all prior or contemporaneous communications, agreements and understandings between Real Estate Investment Swap and you with respect to the subject matter hereof. To the extent these Terms conflict with the terms of our Privacy Policy, these Terms will control. These Terms shall not be assignable by you, either in whole or in part. Real Estate Investment Swap reserves the right to assign its rights and obligations under these Terms without restriction. The failure of Real Estate Investment Swap 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 Real Estate Investment Swap. The section titles in these Terms and in the Privacy Policy are for convenience 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 administrative proceedings.

Questions? Please email us at www.reiswap.com/contact.