PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS OR -- USE THE SITE OR SERVICE. BY ACCESSING, BROWSING, REGISTERING, AND/OR OTHERWISE USING THE SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, THEN PLEASE DO NOT ACCESS, BROWSE, REGISTER AND/OR OTHERWISE -- USE THE SITE OR SERVICE.
SERVICE
The Service and any securities offered through the Site have not been registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”), due to their exemption as a private placement. Securities sold through private placements are restricted and not publicly traded. Neither the U.S. Securities and Exchange Commission, nor any state securities commission or other regulatory authority has approved or endorsed the merits of any offering on this Site.
Perfecto Capital, in its sole discretion, may refuse to offer its Service to any person or entity for any reason or no reason and it may also change its eligibility criteria at any time, in compliance with applicable laws and regulations with or without any notice to you. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We may post or display notices of material changes on the Site. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective, then it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Site and the terms and conditions in this Agreement periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
ELGIBILITY OF -- USE
Our Site is intended for use by individuals aged 18 and over, and is, therefore, not directed to anyone under the age of 18. We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, please refrain from the use of our Site and do not provide any personal information to us. Eligibility is available only to professionals that understand economic, financial, and investment risk, and are ultimately willing to bear the consequences of that risk. The value of investments and the income from them can both rise and fall. Past performance is not a guarantee of future performance. Investment offerings on the Site will target real estate investments that vary in size, scope, term, and return profiles, and therefore each individual potential investment may contain different degrees of risk. By using our services, you understand and acknowledge that all of the investments offered are inherently risky, and that you are comfortable with the possibility of losing your entire investment.
EQUAL LENDING OPPORTUNITY
Perfecto Capital is an Equal Housing Opportunity Lender. As prohibited by federal law, we do not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age (provided you have the capacity to enter into a binding contract), because all or part of your income may be derived from any public assistance program, or because you have, in good faith, exercised any right under the Consumer Credit Protection Act.
NO SOLICITATION OR ADVICE PROVIDED
None of the information contained in the publicly-available portions of the Site constitutes a recommendation, investment advice, or a solicitation to buy or sell securities. Fund That Flip is not a registered broker-dealer, funding portal, or investment advisor under U.S. securities laws and does not conduct any activity that would require registration as such.
The information contained on the Site has been prepared by us without reference to any particular user’s investment requirements or financial situation, and does not constitute financial, legal, or tax advice. We do not guarantee the performance of any offerings made through its Site. Any and all projections, estimates, and expectations for investments offered through the Site are merely opinions, which should not be relied upon for any purpose whatsoever. You are solely responsible for conducting your own legal, accounting or due diligence review of the offerings, and we strongly encourage you to consult with professional tax, legal and financial advisors before making any investment. Investment products are not FDIC-insured. They may lose value, and there is no bank guarantee.
You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Site. We are not responsible in any way for any transactions you enter into with other users. As such, you understand and agree that Perfecto Capital and its affiliates, officers, directors, partners, stockholders agents or employees will not be liable for any loss or damages incurred as a result of any interactions between you and other users, including but not limited to, investment loss.
MARKET VOLITILITY
Perfecto Capital is not liable for changes in the market that change buyer/seller conditions.
REGISTRATION DATA AND ACCOUNT -- USE
If you create an account and become a registered user of the Service, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information that you provide to us to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us. Because access to the restricted portions of the Site is limited by applicable law to Accredited Investors, you agree that you will not allow anyone else to access such restricted portions of the Site, or share or disclose any information obtained through the restricted portions of the Site with anyone else, regardless of whether you believe such person or entity is also an Accredited Investor.
You 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 such notice. We reserve the right, at our sole discretion, to suspend or cancel your username and password, even without receiving such notice from you, if we suspect that you are using the Site for any purpose or in any manner that is unauthorized, fraudulent, or otherwise unlawful.
Perfecto Capital 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 but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
UNAUTHORIZED -- USE OF THE SITE
Although the Site may be accessible worldwide, we make no representation that the Content (as defined below) thereon or the Services are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where such Content or Services is illegal is prohibited. Those who choose to access the Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with all local laws. The Service is void where prohibited or restricted by law.
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, rules, or regulations, and that you will only use the Site for purposes that are legal, proper and in accordance with this Agreement.
By using the Site or the Services, you understand and agree that you may not directly contact real estate developers with which Perfecto Capital coordinates to create investment opportunities. Similarly, you understand and agree that you may not attempt to enter into any transactions with such persons or entities outside of the Service. You further acknowledge and agree that from your registration date through and until two years following any termination of your account, you may not solicit, initiate, encourage, or engage in discussions or negotiations with any real estate developer or other third party identified through the Site, without the prior, express, written permission of Perfecto Capital. This provision shall survive any termination of this Agreement.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The names, logos, images, trade names, authorship, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or in the Site, including, without limitation, is the intellectual property of Perfecto Capital. The use of questionably similar marks for any purpose without the express, prior written consent of Perfecto Capital is a violation of the law.
The Site, including all content, media and materials, all software, code, text, images, media files, artwork, graphic materials, articles, computer graphics and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) are the property Perfecto Capital and/or its affiliates, and their authorized licensors, suppliers, service providers and/or sponsors. All Content on the Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the Site are either our copyrighted property or the copyrighted property of third parties.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means — in whole or in part — without our prior written permission, except that, if you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the Site solely for your personal use, provided that you keep such portions confidential and all copyright or other proprietary notices intact. Except as explicitly permitted in this Agreement or unless you have received express, prior written permission from Fund That Flip, you do not have any right to use Content for any commercial use or to receive any monetary or other compensation in connection with Content. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any assignment or license to use our intellectual property rights in Content, whether by estoppel, implication or otherwise. The express license above is revocable by us at any time without notice or cause.
THIRD PARTY CONTENT
Certain portions of the Site may contain third party content, such as links to other Websites or information about offerings (collectively, "Third Party Content"). The inclusion of any link is not, and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Perfecto Capital of any information, materials, products, or services on those links. In no event shall we be liable or responsible for the information contained in a link or your use of a link. Access and use of such links is solely at your own risk. Your access and use of such links are governed by the terms of use and privacy policies of the respective Website owners, and we encourage you to carefully review such terms and policies.
You acknowledge and agree that Perfecto Capital is not responsible for, does not control and makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of such Third Party Content. We do not endorse any Third Party Content or any statement, opinion, suggestion or advice contained therein, and we expressly disclaim any and all liability in connection therewith. You may be exposed to Third Party Content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive, any legal or equitable rights or remedies you may have against Fund That Flip with respect thereto.
THIRD PARTIES AND -- USER DISPUTES
The Site may allow you to correspond or otherwise interact with other users who may provide you with investment information, advice, services and/or events, or provide you with other information about various companies or organizations. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. You acknowledge that such users are not affiliated with or controlled by us, and that we cannot influence the investments, information, advice or services provided by other users. If you provide any information, advice or services to other users through the Site, you understand and acknowledge that you are not affiliated or associated with, controlled by, or influenced in any way by us. You also agree that Perfecto Capital is not and will not be responsible or liable for any loss or damage of any sort incurred as a result of any interactions between you and other users.
PRIVACY
This Privacy Policy applies to your use of the Perfecto Capital. (“Company”, “we”, or “us”) website, currently located at www.perfectocapital.com (“Site”).
We only grant access to your nonpublic personal information to employees and service providers with direct correlation to offering you products and/or services Our code of conduct requires that your information remain confidential regardless of your customer status. In addition, we maintain physical and procedural safeguards that comply with federal standards to guard this personal information.
By accessing and using our Site, you agree to be bound by our Privacy Policy and Terms of Use. If you do not agree with any part of this Privacy Policy, please do not use this Site. Capitalized terms not defined herein have the meanings ascribed to them in the Terms of Use.
LIMITATION OF LIABILITY
SITE OWNER AND ALM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER -- USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CA-- USED DIRECTLY OR INDIRECTLY BY THE -- USE OR RELIANCE UPON SUCH INFORMATION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE -- USE OF THE WEB SITES. -- USE OF SITE OWNER AND ALM WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECA-- USE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALM WEB SITES, OR WITH ANY OF THESE TERMS OF -- USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.
IDEMNITY
You will indemnify, defend and hold harmless Site Owner and Perfecto Capital and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.
GOVERNING LAW
This Agreement shall be construed and governed by the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.
QUESTIONS OR COMMENTS
If you have questions or comments about the Terms and Conditions, you can contact us by emailing us at: [email protected]
