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.
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.
a. You understand and acknowledge that a purpose of the CrowdSeekr Site is to provide a technology platform that permits Accredited Investors (as defined below) and certain other persons to independently connect with issuers of securities relating to real estate investments.
b. The CrowdSeekr Site shall not be used other than for its intended purposes, as determined in CrowdSeekr’s sole discretion. You are specifically prohibited from using the CrowdSeekr Site to defame, abuse, harass, bully, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others, and/or publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information, or engage in criminal behavior, or cause others to engage in any of the aforementioned conduct.
c. Those portions of the CrowdSeekr Site that relate to current investment opportunities or to making investments in the securities offered therein are available only to certain qualified, registered and authorized users. Therefore, such portions may not be available in all jurisdictions.
d. For persons resident in the United States, only "Accredited Investors," as defined in Rule 501 of Regulation D of the Securities Act of 1933, as amended (the "Securities Act"), with a valid username and password, are authorized to access certain services and web pages (such persons being "Accredited Investors"). In general, to qualify as an Accredited Investor, individuals must have a net worth of more than 1 million (excluding their primary residence), or gross income for each of the last two years of at least 200,000 (300,000 jointly with their spouse) with a reasonable expectation of a similarly qualifying income during the current year. Prior to making any investment through the ultimate investment platform sites, you may be required to provide supporting documents proving that you are an Accredited Investor. Persons who are resident outside of the United States are allowed access to such investment opportunities only if such access does not violate the laws of their country of residence. Those portions of the CrowdSeekr Site that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where we or one of our affiliates are not authorized to provide such information or services.
a. No offer of or solicitations to purchase securities is conducted on the CrowdSeekr Site.
b. CrowdSeekr is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that would require registration.
c. CrowdSeekr does not perform any diligence on, endorse, or recommend, any investment opportunity appearing on our website, in our advertisements, newsletters, email or any other medium.
d. CrowdSeekr makes no representation as to the truth, accuracy, or completeness of any information regarding, or the suitability of, any investment opportunity.
e. We have no fiduciary or other obligations, or potential liabilities, to you.
f. 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.
g. Investment overviews on the CrowdSeekr Site contain summaries and principal terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete. The information contained in the CrowdSeekr Site has been posted without reference to any particular investment requirements or financial situation, and potential investors should consult with their own professional tax, legal and financial advisors before making any investment.
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.
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.
a. The CrowdSeekr Site could contain technical inaccuracies or typographical errors. CrowdSeekr may make improvements and/or changes to the CrowdSeekr Site at any time. However, CrowdSeekr has no duty to update the CrowdSeekr Site, and CrowdSeekr shall not be liable for any failure to update such information.
b. You agree and acknowledge that CrowdSeekr and each and every of its officers, directors, employees, and agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or incidental damages (including without limitation, lost profits, cost of procuring substitute service or lost opportunity) relating to, arising out of or in connection with the use of the CrowdSeekr Site or a linked site, or the delay or inability to use the CrowdSeekr Site or a linked site, even if CrowdSeekr was made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. CrowdSeekr cannot and does not guarantee continuous, uninterrupted or secure access to the CrowdSeekr Site.
a. CrowdSeekr prohibits caching and the framing of any content available through the CrowdSeekr Site. CrowdSeekr reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to the CrowdSeekr Site. Access to any other Internet sites linked to the CrowdSeekr Site is at the user’s own risk.
b. CrowdSeekr is not responsible for, and does not adopt or otherwise incorporate by reference, any rule, regulation, privacy provision, confidentiality provision, transmission of personal data provision, or other provision from a linked Internet site that differs from those provisions provided on the CrowdSeekr Site. CrowdSeekr expressly disclaims any and all liability related to any such provision set forth on a linked Internet site.
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.
a. To obtain full access to the CrowdSeekr Site, you must apply for an account and you agree to provide complete, true and accurate information when doing so. You agree to maintain such information current and accurate and all times. CrowdSeekr reserves sole discretion over whether to grant you an account.
b. You are responsible for maintaining the confidentiality of your account access information. You agree to take reasonable steps to prevent others from obtaining your access information and to notify CrowdSeekr of any unauthorized access or need to update or remove access for any of your employees or agents.
a. Should you receive information from CrowdSeekr or through the CrowdSeekr Site with respect to any investment activity, you may not further disclose or otherwise provide such information to another party.
b. You are entrusted with any information you receive from CrowdSeekr, or other investors with respect to any investment activity. You acknowledge and agree to keep such information confidential. To the extent you opt to not review such confidential documents about potential investments, you acknowledge and agree that you assume the risk that such additional information may be relevant to your decision to invest in a particular investment opportunity, and you knowingly accept the risks of not reviewing such information.
a. By uploading, posting, blogging, or otherwise providing content to the CrowdSeekr Site for the purposes stated herein, you hereby grant CrowdSeekr a perpetual, irrevocable, worldwide right and license to copy, use, reproduce, distribute, redistribute, publish, republish, upload, post, transmit, broadcast, modify, alter, create derivative works of, package, repackage, produce and sell copies of such content through the CrowdSeekr Site.
b. You acknowledge that CrowdSeekr prohibits the uploading, posting, blogging, or otherwise providing to the CrowdSeekr Site any content or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, right of publicity, or any other applicable law or proprietary right.
c. By uploading, posting, blogging, or otherwise providing content to the CrowdSeekr Site, you represent and warrant that:
i. you have the legal capacity and authority to grant the rights and license set forth herein;
ii. the content that you submit to the CrowdSeekr Site does not infringe any copyright, trademark, right of privacy or right of publicity or other proprietary right of any third party, or defames or casts into disrepute in any manner any third party; and
iii. the content that you submit to the CrowdSeekr Site is or was not obtained in an unlawful way that can lead to civil or criminal liabilities. You indemnify and hold CrowdSeekr harmless from any claims concerning or relating to content that you upload, post, blog, or otherwise provide to the CrowdSeekr Site.
d. You agree that CrowdSeekr and its directors, officers, employees, partners or agents shall not be liable for any damages, whether direct, indirect, consequential or incidental, relating to, arising out of or in connection with the use of, or the inability to use, content that you upload, post, blog, or otherwise provide to the CrowdSeekr Site.
e. CrowdSeekr reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.
a. CrowdSeekr respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act ("DMCA"). Notices should be submitted to CrowdSeekr’s Copyright Agent:
204 N. Robinson Ave., Suite 700
Oklahoma City, OK, 73102
b. To be effective, the notice should include:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or disabled, and information reasonably sufficient to permit CrowdSeekr to locate the material on the CrowdSeekr Site;
iv. Information reasonably sufficient to permit CrowdSeekr to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
a. CrowdSeekr reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the CrowdSeekr Site, or report misuses to law enforcement.
b. CrowdSeekr operates the CrowdSeekr Site and reserves the right to change the Agreement at any time and from time to time without notice. The failure of CrowdSeekr to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
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.
a. Notwithstanding anything in the Agreement, CrowdSeekr reserves the right, without notice and in its sole discretion, to terminate the Agreement, your account, and/or to block your use of the CrowdSeekr Site.
b. You may terminate your relationship with, access to and use of the CrowdSeekr Site at any time by canceling your account by contacting support@CrowdSeekr.com.
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.
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.
For questions regarding CrowdSeekr’s service or the Agreement, please contact CrowdSeekr at info@CrowdSeekr.com.
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.