RLTY CAPITAL LLC
TERMS OF SERVICE

By using the www.rltycap.com (“Website”) and www.dashboard.rltycapital.com (“Platform“) you (“user,” “you” and/or “your”) are agreeing to be bound by the following terms and conditions (“Terms“). These Terms are in effect throughout the full duration of your use of the Website and Platform. You are responsible for regularly reviewing these Terms. Please review them carefully. Your continued use of the Website after any modification of the Terms will conclusively indicate that You accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by law. If you do not wish to be bound by these Terms, please do not enter or use the Website and Platform. These terms together with our Privacy Policy apply to our websites, mobile applications, and other digital and interactive services that link to these Terms (together, the “Services”).RLTY Capital LLC (“Company,” “we” “our” and/or “us”) operates our Website and Platform.

 

COMPLIANCE WITH LAWS

All users of this Website agree to follow all applicable federal, state and local laws. Any user engaging in fraudulent or illegal activity is in violation of these Terms and is not permitted to use this Website.

 

ELIGIBILITY AND SCOPE

To use the Services you must be, and represent and warrant that you are, of legal age and competence in the jurisdiction in which you are accessing the Services. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms. The Services are controlled and offered from the United States of America. We make no representations that the Services are appropriate for use in other locations.  Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.

 

ELECTRONIC COMMUNICATION

You acknowledge and agree that the communications electronic. You consent to receive communications from us in electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement such communications. We will use reasonable efforts to honor any request you may have to opt out from receiving certain e-mails. You waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

 

PRIVACY POLICY

Your privacy is very important to us. Please review our Privacy Policy, which governs the use of personal information on our Website and to which users agree to be bound. By using the Website and Platform, you agree that we may use your information as set forth in the Privacy Policy. Our Privacy Policy is hereby incorporated in the Terms by reference in its entirety

 

NO WARRANTY

Our Website and Platform are provided “as is” not warranted for any particular purpose. To the fullest extent provided by law, we exclude and disclaim all representations and warranties, express or implied, related to our Website and Platform. Services are provided “as is”, and there is no warranty that they will meet user’s desired requirements. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you

 

ACCEPTABLE USE OF THE WEBSITE

By using the website, you agree to the Terms and applicable laws, regulations, and generally accepted online business practices. Therefore, you agree that:

  1. Any information that you provide is accurate.
  2. You are 18 years of age or older and are acting on your own behalf.
  3. You have not been in any way banned or denied access to the Website and Platform by us.
  4. Except as explicitly permitted by the Terms, you may not (nor will you allow others to) sell, copy, create derivative works from, publish or in any way distribute, including for any purpose competitive to us, any information or content from our Website and Platform.
  5. You will not interfere with, violate, damage or circumvent the regular operation or security of the Website and Platform or our services or data, including overburdening, spamming or similar activities.

 

REGISTRATION AND SECURITY

To use certain features of the Website and Platform, you must complete the registration process. Once registered, an account will be created for you. You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. You acknowledge and agree that we, in our sole discretion, may suspend or discontinue your account, and refuse any and all current and future, access to or use any portion of this Website and Platform at any time without notice to you.

You acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your account login information. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website and Platform may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that, subject to applicable law, we shall have no liability to you for any such exploitation or criminal conduct by third parties.

 

WHAT WE COLLECT FROM YOU

We obtain information about you in a range of ways:

Information You Give Us. We collect information about you when you provide it to us and when you use our services, open an account with us, request information or otherwise interact with our Website and Platform. The personal information we may collect includes:

    • Your name, address, brokerage name, government issued identification, social security number, tax identification number, bank account details;
    • information relating to your transactions; and
    • information in any emails, phone conversations, or other communications you send to us.

Information We Get from Others. We also receive information about you from third parties to disclose information about you that we need to open your account, fulfill regulatory obligations, and for effecting transactions for your account. We may also get information about you from other sources, such as social media, cookies or other technology

Information Automatically Collected. We automatically log information about you when you interact or use our Website and Platform. For example, when visiting our Website and Platform, we may automatically collect your IP address, type of browser or operating system, access times and information about your use of and actions on our Website and Platform.

 

USE OF PERSONAL INFORMATION

We use your personal information in connection with our provision of services to you in order to meet our contractual obligations to you. We use your personal information to:

  • Respond to your inquiries, provide services, or complete transactions you have requested.
  • Remember information so you will not have to re-enter it during your visit or the next time you visit our Website and Platform;
  • Resolve or diagnose problems with our Website and Platform;
  • Create an individual profile and provide personalized services, and to create and inform you of new services from us that better meet your needs;
  • Conduct analysis regarding your usage of our services and the effectiveness of our marketing initiatives and monitor our Website and Platform metrics, such as number of visitors.

 

DISCLOSURE OF YOUR PERSONAL INFORMATION

We may share personal information as follows:

  • With your consent;
  • Legal, protection, and safety purposes, such as to comply with laws, respond to lawful requests, protect the rights, safety and property of our customers and others;
  • Our third-party consultants, vendors and others who need the information to do work for us; and
  • Business partners, such as advertising and marketing companies.

 

INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Website and Platform and any intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of us. Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you and that you have no intention of using such materials or information inappropriately or to in any way harm us or any of its affiliates, members, or employees.

You acknowledge and agree that any violation of the provisions of the Terms regarding our intellectual property above may subject you to compensatory and punitive damages, and shall specifically also entitle us to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

 

INTERRUPTIONS

There may be occasions when our Website and Platform is interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control.

 

TAX COMPLIANCE

We are required to identify clients on our platform. This ensures we remain in compliance with applicable information reporting requirements we collects and verifies your information. We also may obtain personal information from third parties in order to verify your identity, or to prevent fraud.

Personal information collected from any source may include, among other things, your name and address, Social Security or taxpayer identification number, date of birth, etc. You certify under penalty of perjury that the information provided, including your social security or taxpayer identification number, is correct.

We may be required to provide certain legal and regulatory disclosures and statements to you in written form. You consent to receiving such disclosures in electronic form.

Further, you understand and acknowledge that we will report certain transactions to the Internal Revenue Service to the extent and manner in which it is required to do so by law.

 

VERIFICATION

You agree to provide any information or documentation reasonably requested by us to verify your identity in connection with your account, and you authorize us to make, directly or through third parties, any inquiries we consider necessary to verify your identity. We reserve the right to close, suspend or limit access to in the event we are unable to obtain or verify any of this information to our satisfaction.

You agree that we may make any inquiries to assess your eligibility to use the services including of third parties. We will only obtain consumer reports that do not impact your credit score and do not leave a hard inquiry on your credit report.

 

STRIPE CONNECTED ACCOUNT AGREEMENT

Payment processing services for users on the Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Platform enabling payment processing services through Stripe, you agree to provide the Platform with accurate and complete information about you and your business, and you authorize the Platform to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

FRAUDLENT ACTIVITY

Any actual or suspected unauthorized access and/or unauthorized activity will be treated by us as potentially fraudulent. You agree to notify us within if you become aware of or suspect any potentially fraudulent activity. In such event, we will take reasonable steps to protect your account. You agree to promptly report any potentially fraudulent activity to legal authorities and provide us a copy of any report prepared by such legal authorities.

 

LINKS TO THIRD-PARTY WEBSITES

This site may contain links to web sites controlled, owned, and operated by third parties. We cannot control and have no responsibility for the accuracy or availability of information provided on the websites of third parties. You acknowledge that use of any third party websites is governed by the terms of use for those websites, and not by this Agreement. We are not responsible for the content of any websites of third parties, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any such websites, and we shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

 

LIABILITY LIMITATION

We and our members, advisors or employees shall not be liable with respect to our Website and Platform under any theory of liability for (a) any incidental, punitive, or consequential damages of any kind; (b) damages for loss of use, profits, data, images, content or other intangibles; or (c) damages for errors or omissions. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of us.

Users will indemnify and hold us and our members, advisors or employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to our Website and Platform, the violation of these Terms by you or any third party using your account, of any intellectual property or other right of any person or entity.

Any cause of action arising out of or related to the Terms or our Website and Platform must begin within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. There may be jurisdictions in which this contractual limit on the statute of limitations does not apply.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

 

TRADEMARKS

RLTY Capital, RLTY Cap, RLTY, rltycapital.com, RLTY Capital LLC and the RLTY Capital LLC logo are trademarks and shall not be used without our consent.

 

ADVERTISING

We may display advertisements and promotions on our Website. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to user.

 

ACKNOWLEDGEMENT

By using our Website and Platform, you agree that any disputes will be governed by and construed in accordance with the laws of the State of New York. You are bound to the jurisdiction of New York for any legal action. You waive any objection to the laying of venue of any such litigation in New York and agree not to plead or claim that such New York litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the State of New York.

 

WAIVER OF JURY TRIAL

We and you each agree to irrevocably and unconditionally waive any right to a jury trial in respect to any legal action or proceedings arising out of or relating to these Terms or our Website and Platform.

 

CLASS ACTION WAIVER

We and you each agree that there will be not right or authority for any dispute to be brought, heard or arbitrated as a class action. All disputes shall be resolved on an individual basis only. The parties further agree that each may bring claims against the other only in your or its individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

 

CONTROLLING LAW AND SEVERABILITY

These Terms will be interpreted in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect.

 

CONTACTING US

If You have any other questions or comments, please notify us by sending an e-mail to [email protected].

Terms of Service last updated on September 15, 2023