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Terms and Conditions

Welcome to the CrowdSeekr.com real estate crowdfunding search engine and website, which are operated by CrowdSeekr, LLC, an Oklahoma limited liability company ("CrowdSeekr," the "Company," "we," or "us"). These Terms and Conditions (the "Agreement") govern the contractual relationship between CrowdSeekr and the individual person or entity who accesses, uses or registers to use the CrowdSeekr website ("you" or "your"). Therefore,

PLEASE READ THE AGREEMENT CAREFULLY, AND IN ITS ENTIRETY, BEFORE ACCESSING, USING OR REGISTERING TO USE THE CROWDSEEKR WEBSITE, OR ANY WEB ADDRESS THAT RESOLVES TO THE CROWDSEEKR WEBSITE, OR CONTENT, SERVICE OR FEATURE AVAILABLE THROUGH THE CROWDSEEKR PLATFORM OR WEBSITE (ALL TOGETHER REFERRED TO HERE IN AS THE "CROWDSEEKR SITE").

By accessing, using or registering to use the CrowdSeekr Site: (i) you represent and warrant that you are over the age of 18 and are lawfully able to enter in and agree to the Agreement; (ii) you accept and agree to be bound by the Agreement, including as it may be updated or revised from time to time by CrowdSeekr, and all other terms and policies referenced or incorporated herein by reference; and (iii) you represent and warrant that you are authorized to enter in and agree to the Agreement on behalf of any entity if you are accessing, using or registering to use the CrowdSeekr Site on behalf of that entity.

1. Ownership

The CrowdSeekr Site is owned and operated by CrowdSeekr, LLC. The CrowdSeekr Site may be protected by U.S., foreign and/or international copyright laws, trademark laws, and/or other intellectual property laws.

2. Use of the CrowdSeekr Site

3. Securities Offerings; No Professional Advice Provided

4. Privacy Policy

CrowdSeekr is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

5. Trademarks

CrowdSeekr and any other product or service name or slogan contained in the CrowdSeekr Site are trademarks of CrowdSeekr or its content providers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CrowdSeekr or the relevant trademark owner. The look-and-feel of the various aspects of the CrowdSeekr Site constitute a service mark, trademark and/or trade dress of CrowdSeekr and may not be copied, imitated or used, in whole or in part, without CrowdSeekr’s prior written permission.

6. No Warranties

The CrowdSeekr Site is provided on an "as is" basis. CrowdSeekr makes no representation or warranty regarding the accuracy, reliability or completeness of the CrowdSeekr Site or the content of any site linked from the CrowdSeekr Site. CrowdSeekr disclaims all warranties, express or implied, including, but not limited to, non-infringement, warranties of title, implied warranties of quality, performance, merchantability, fitness for a particular purpose, security and accuracy. Further, CrowdSeekr does not warrant that the CrowdSeekr Site or the computer server that makes it available is free of viruses.

7. Updates and Errors

8. Linked Internet Sites

9. Indemnity

You agree to indemnify and hold CrowdSeekr, its affiliates, and each of its respective directors, officers, employees, shareholders, partners and agents (collectively, the "CrowdSeekr Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any CrowdSeekr Party arising out of, as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any term set forth in the Agreement.

10. Registering For an Account

11. Confidentiality of Information

12. Your Content

13. Your Content

14. Violation of Agreement

15. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the CrowdSeekr Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the CrowdSeekr Site may be subject to prosecution.

16. Termination

17. Dispute Resolution

By agreeing to these Terms and Conditions, you and CrowdSeekr each waive the right to a jury trial or to participate in a class action. Further, you agree that any and all disputes, claims, and causes of action relating in any way to your use of CrowdSeekr, including your use prior to agreeing to these Terms and Conditions, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

You agree that any and all claims, disputes, and causes of action between you and CrowdSeekr, including those relating to your use of the CrowdSeekr website or these Terms and Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, you agree to negotiate with CrowdSeekr regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to CrowdSeekr in a manner specified in the "Notices" section below. If CrowdSeekr and you do not reach an agreement regarding a Dispute within 30 days following CrowdSeekr’s receipt of the Notice of Dispute, CrowdSeekr and you agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.

During the arbitration, the amount of any settlement offer made by CrowdSeekr or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CrowdSeekr is entitled.

CrowdSeekr will pay the arbitration filing fee for Disputes involving less than 75,000, unless the arbitrator determines the claims are frivolous. If the arbitrator finds that your claim is frivolous or brought for an improper purpose then the payment of all fees will be governed by the AAA rules. In such case, you agree to reimburse CrowdSeekr for all monies previously disbursed by CrowdSeekr that are otherwise your obligation to pay under the AAA rules. In addition, if you initiate an arbitration in which you seek more than 75,000 in damages, the payment of these fees will be governed by the AAA rules. For claims totaling less than 10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Unless CrowdSeekr and you agree otherwise, any arbitration hearings will take place in the county where you live. Except as otherwise provided for herein, CrowdSeekr will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.

In the event of a finding in your favor, CrowdSeekr agrees to pay your attorney, if any, and reimburse any expenses, including expert witness fees and costs that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. If the arbitrator issues you an award that is greater than the value of CrowdSeekr’s last written settlement offer made before an arbitrator was selected then CrowdSeekr will pay you the greater of the award or 10,000 and pay your attorney twice the amount of attorney's fees and reimburse any reasonable expenses incurred by your attorney related to your representation. This right to attorneys' fees and expenses supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws CrowdSeekr may have a right to an award of attorneys' fees and expenses if it prevails in arbitration, CrowdSeekr agrees that it will not seek such an award.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and CrowdSeekr agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and CrowdSeekr agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

18. Jurisdiction and Venue

This Site is controlled and operated by CrowdSeekr from its offices within the United States of America. This Agreement and your use of CrowdSeekr shall be governed by the laws of the United States of America and the State of Oklahoma. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms and Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts.

19. Questions and Contact Information

For questions regarding CrowdSeekr’s service or the Agreement, please contact CrowdSeekr at info@CrowdSeekr.com.

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Disclaimer

We are not a broker-dealer or investment advisor and we do not provide financial or legal advice. We do not perform any diligence on, endorse, or recommend any investment opportunity appearing on our website, in our advertisements, newsletters, email, or any other medium. We make no respresentation as to the truth, accuracy, or completeness of any information regarding, or the suitability of, any investment opportunity. We have no fiduciary or other obligations, or potential liabilities, to you. We are not responsible for ensuring compliance with applicable law regarding the purchase or sale of any security, and you should always consult with your legal and financial advisors.