TERMS OF USE
RealSource Properties Inc. Advisor Portal (the “Portal”) is a technology platform (“Site”) that
permits companies, prospective investors, collaborators, and administrators to independently
use the Site (the “Service”). By accessing the Site or using the Service in any manner, you
become a website user (“User”).
Acceptance of Terms
Welcome to RealSource Properties Inc. Advisor Portal. By using the Site offered by RealSource
Properties Inc. (“RealSource”) and its affiliates, you’re agreeing to these legally binding rules
along with our Privacy Policy and all other operating rules, policies, and procedures that may be
published on the Site by RealSource and its affiliates. You’re consenting to software updates
and updates to other rules, policies, and procedures connected to the Site. As a result, you’re
responsible for periodically reviewing the Site for any changes and are advised to contact
RealSource or your legal advisor with any questions. In addition, other services offered through
the Site may be subject to additional terms and conditions adopted by RealSource. Your use of
those services is subject to those additional Terms of Use and/or separate agreements, which
are incorporated into these Terms of Use.
Change or Termination
With respect to change or termination, RealSource reserves these rights: We can modify,
terminate, or replace these Terms of Use without notice or liability. We can suspend or
terminate your account or your rights to access or use our Site. We can also terminate these
Terms of Use with respect to you if we believe in good faith that you have used the Site in
violation of these Terms of Use. If we terminate these Terms of Use or your access to the Site,
you will continue to be bound by these Terms of Use after termination.
Eligibility for Use of the Services
The Service is only available to individuals who are at least eighteen (18) years old. You
represent and warrant that if you are an individual, you are at least 18 years old, that you are
fully able and competent to enter the terms and conditions set forth in this and other
agreements on the Site, and that all registration information you submit is truthful, accurate
and complete. If you are accessing the Site and/or using the Services on behalf of an entity,
such as your employer or a company you work for or control, you warrant and represent that
you have the legal authority to bind that entity to these Terms of Use.
Account Registration
To access certain features of the Site, including viewing securities offerings on the Site
(“Content”), you must register to create an account (“Account”) and meet certain criteria.
Accredited Investor
The securities offered on this Site may only be purchased by accredited investors, as defined by
Rule 501 of Regulation D under the Securities Act of 1933, as amended (“Accredited Investor”).
Federal law and regulations restrict investment in any of the securities offerings by non-
accredited investors. Before you can invest in any of the securities offerings on the Site, you
must register with the Site and qualify as an Accredited Investor. Prior to investing, you may be
asked to fill out a certification and provide necessary documentation as proof of your income
and/or net worth to verify your status as an Accredited Investor. You acknowledge and agree
that all information you provide for the registration is complete and accurate. By registering
with the Site for purposes of subscribing to securities offerings, you represent and warrant that
you come within at least one of the following categories:
• a natural person who has individual net worth, or joint net worth with the person’s
spouse, that exceeds $1 million at the time of the purchase, excluding the value of your primary
residence. Explanation: In calculating net worth, you include all your assets (other than your
primary residence) whether liquid or illiquid, such as cash, stock, securities, personal property
and real estate based on the fair market value of such property MINUS all debts and liabilities
(other than a mortgage or other debt secured by your primary residence unless the liability
exceeds the fair market value of your primary residence).
• a natural person with income exceeding $200,000 in each of the two most recent years
or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation
of the same income level in the current year;
• a bank, insurance company, registered investment company, business development
company, or small business investment company; an employee benefit plan, within the
meaning of the Employee Retirement Income Security Act, if a bank, insurance company, or
registered investment adviser makes the investment decisions, or if the plan has total assets in
excess of $5 million; a charitable organization, corporation, or partnership with assets
exceeding $5 million;
• a business in which all the equity owners are Accredited Investors; or a trust with assets
in excess of $5 million, not formed to acquire the securities offered, whose purchases a
sophisticated person makes.
YOU MUST MEET ONE OF THE ABOVE CRITERIA. RealSource IS ENTITLED TO AND WILL RELY
UPON YOUR REPRESENTATIONS. You agree that, should any material changes occur that might
affect your status as an Accredited Investor, you shall immediately provide RealSource with
notice in writing.
RealSource reserves the right to terminate or limit your access to the Site and/or the licenses
granted herein for any reason and in RealSource’s sole discretion. You agree not to modify,
damage, disrupt, disable, overburden, impair, alter or interfere with the use, features,
functions, operation, security or maintenance of the Site or the rights or use and enjoyment of
the Site by any other person or entity in any manner. You are prohibited from posting or
transmitting any material on or through the Site that, in RealSource’s sole opinion, is or could
be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic or profane, or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law. RealSource will fully cooperate with any law enforcement authorities
or court order requesting or directing RealSource to disclose the identity of anyone posting any
such information or materials on the Site.
Communications
You agree that RealSource may send communications to you via your mailing address, email,
telephone, or facsimile number provided by you on your Account. You agree to notify
RealSource of any changes in your address or contact details. RealSource may also deliver
information verbally. Communications shall be deemed delivered to you when sent and not
when received. Your use of electronic signatures to sign documents legally binds you in the
same manner as if you had manually signed such documents. The use of an electronic version
of documents fully satisfies any requirement that such documents be provided in writing. If you
sign electronically, you represent that you can access and retain a record of such documents.
You agree that you are responsible for understanding these documents and agree to conduct
business by electronic means.
Electronic Signatures
RealSource provides you with a legally binding signature solution for your investment needs.
RealSource complies with the requirements of the U.S. Electronic Signature in Global and
National Commerce Act of 2000 (ESIGN), and the Uniform Electronic Transactions Act (UETA)
regarding electronic signatures and transmissions, thus making eSignatures fast, easy, and
legally binding. These laws grant eSignatures the same status as written signatures. To provide
you with a comprehensive transaction history trail that is court-admissible, we track and
timestamp various information from the moment the document is submitted for signature to
when it is completely signed and secured, such as IP information and user information. By
accepting RealSource’s Terms of Use, you are agreeing to these legally binding laws.
Intellectual Property, Copyrights, Trademarks
All Content and images on the Site are either the property of or used with permission by
RealSource. The use of the Content or images by you or anyone authorized by you, is prohibited
unless specifically permitted by these Terms of Use or provided elsewhere on the Site.
Nothing on this Site should be construed as granting any license or right to use the Trademarks
without written permission of RealSource or such third-party owner of the Trademarks. Your
misuse of the Trademarks, or any other Content, except as provided in these Terms of Use, is
strictly prohibited.
Disclaimer of Liability
Your use of the Site is solely at your own risk. To the fullest extent permissible by law, in no
event shall RealSource, its affiliates, nor each of its affiliates’ directors, employees, managers,
agents, contractors, partners, suppliers, or Content providers, be liable for damages under
contract, tort, strict liability, negligence, or any other legal or equitable theory arising out of
your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is
provided to you “as is”, “as available”, and “when available” without warranty of any kind,
either expressed or implied, including but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, or noninfringement. Please note that some
jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or
consequential damages, so some of the above exclusions may not apply to you. Check your
local laws for any restrictions or limitations regarding the exclusion of implied warranties.
RealSource assumes no responsibility for, and shall not be liable for, any damages to or viruses
that may infect, your computer equipment or other property on account of your access to, use
of, or browsing in the Site or your downloading of any materials, data, text, images, video, or
audio from the Site.
Third-Party Sites
The Site may contain links to third party websites (“Third-Party Sites”). These links are provided
only as a convenience to you. The inclusion of any link is not and does not imply an affiliation,
sponsorship, endorsement, approval, investigation, verification or monitoring by RealSource of
any information, materials, products, or services contained in or accessible through any Third-
Party Site. In no event shall RealSource be responsible for the information contained on any
Third-Party Sites or your use of or inability to use any Third-Party Sites. You acknowledge and
agree that RealSource shall not be liable or responsible, directly or indirectly, for any damage or
loss caused or alleged to be caused by or related to the use of or reliance on any Content,
goods, or services available through any third-party website or resource. YOU AGREE THAT
ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL,
PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY
SITES, IS SOLELY AT YOUR OWN RISK AND DISCRETION. Your access and use of the Third-Party
Sites are governed by the Terms of Use and Privacy Policies of these Third-Party Sites.
RealSource strongly encourages you to carefully review the Terms of Use and the Privacy
Policies of any Third-Party Services from which you access through RealSource’s Site.
Prohibited Conduct (Including Non-Circumvention Restriction)
Our Site contains confidential information ("Confidential Information"), much of which pertains
to the investments listed on our platform. Confidential Information includes all technical and
non-technical data. You agree that all Confidential Information will be kept in confidence and
that you will only use the Confidential Information for the purposes for which it was disclosed.
To the extent applicable, you will not modify, reverse engineer, decompile, create other works
from, or disassemble any such Confidential Information unless otherwise specified in writing by
the disclosing party. These restrictions will not apply to Confidential Information to the extent it
(a) was in the public domain at the time of disclosure; (b) became publicly available after
disclosure without breach of this agreement; (c) was lawfully received from a third party
without such restrictions; (d) was known to you without such restrictions prior to your access to
it via our Site; (e) was independently developed by you without breach of this agreement; (f)
was generally made available to third parties by RealSource without such restriction; or (g) is
required by applicable law.
You agree to use the Site and Service only for purposes that are legal, proper, and in
accordance with these Terms and any applicable law, rules or regulations. You may not:
- use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service;
- attempt to gain unauthorized access to the Site, the Service, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating listed investment opportunities;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Maillist, Listserv, or any form of auto-responder or "spam" on the Service;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or Service or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by RealSource, any of its affiliates or any third parties;
- use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization's rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose with anyone any information obtained through the Service about any investment offerings; or
- use the Service for any commercial purpose whatsoever other than for your personal use, including (without limitation) soliciting other users for investments of any kind, offering or selling any products or services of any kind, and making investment recommendations to other users.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration forms on the Site ("Registration
Data";); (b) maintain the security of your password and identification; (c) maintain and promptly
update the Registration Data, and any other information you provide to us, to keep it accurate,
current and complete; and (d) be fully responsible for all use of your account and for any actions
that take place using your account. You agree to (a) immediately notify RealSource of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session when accessing the service. RealSource will
not be liable for any loss or damage arising from your failure to comply with this Section.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures, video,
information, software, music, sound and other files, and their selection and arrangement ("Site
Content"), are our proprietary property with all rights reserved. No Site 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 for use of the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Site Content solely for your personal
use, provided that you keep such portions confidential and all copyright or other proprietary notices
intact. You may not republish Site Content on any internet, intranet or extranet site or incorporate
the information in any other database or compilation, and any other use of the Site Content is
strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized
herein, without the prior written permission of RealSource, is strictly prohibited and will terminate
the license granted herein. Such unauthorized use may also violate applicable laws including
without limitation copyright and trademark laws and applicable communications regulations and
statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as
conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable by us at any time without notice and with or without cause.
Linked Sites
The Website may contain links to third party websites ("Linked Sites";). These links are provided only
as a convenience. The inclusion of any link is not, and shall not be construed to imply, an affiliation,
sponsorship, endorsement, approval, investigation, verification or monitoring by RealSource of any
information, materials, products, or services contained in or accessible through any Linked Site. In
no event shall RealSource be responsible for the information contained on any Linked Site or your
use of or inability to use any Linked Site. Access and use of linked sites, including the information,
material, products, and services on linked sites or available through linked sites, is solely at your
own risk. Your access and use of the Linked Sites are governed by the terms of use and privacy
policies of such Linked Sites, and we encourage you to carefully review all such terms and policies.
User Content
The Service may allow you and other users to submit, post, transmit and share content with other
Users. You are solely responsible for any such content (which may include photos, profiles,
messages, notes, text, information, music, video, contact information for you or others,
advertisements, or other content) that you upload, publish, provide or display (hereinafter, & "post")
on or through the Service or the Site, or transmit to or share with other Users (collectively, the
& "User Content"). You understand and agree that RealSource may, but is not obligated to, review
and delete or remove (without notice) any User Content in its sole discretion, including without
limitation, User Content that in the sole judgment of RealSource violates these Terms of Use, might
be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or
others.
By posting User Content to any part of the Site, you automatically grant, and you represent and
warrant that you have the right to grant, to RealSource an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User
Content for any purpose on or in connection with the Site or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you
choose to remove your User Content, the license granted above will not expire.
You may review personal information (including credit data) posted by other Users on the Site, but
you are not authorized to disclose or otherwise use such information for any purpose.
You acknowledge and agree that RealSource may preserve content and may also disclose content if
required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b)
enforce these Terms of Use; (c) respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of RealSource, its Users and the
public. You understand that the technical processing and transmission of the Service, including your
content, may involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
As part of doing business with RealSource, you must also consent to our giving you certain
disclosures electronically, either via our Site or to the email address you provide to us. By agreeing
to the Terms of Service, you agree to receive electronically all documents, communications, notices,
contracts, and agreements, including any IRS Schedule K-1 Form or Form 1099 or other tax forms,
schedules or information statements, arising from or relating to your registration as an investor on
our Site, any investments you may make, your use of this Site or Service, and the servicing of any
investment you may make (each, a "Disclosure"), from RealSource or any service provider we may
use. The decision to do business with RealSource electronically is yours. This document informs you
of your rights concerning Disclosures.
Your consent to receive Disclosures and transact business electronically, and our agreement to do
so, applies to any transactions to which such Disclosures relate, between you and RealSource. Your
consent will remain in effect for so long as you are a User and, if you are no longer a User, will
continue until such a time as all Disclosures relevant to transactions that occurred while you were a
User have been made.
You may not withdraw such consent as long as you have any outstanding investments with
RealSource whether made directly or through the Site. If you have no outstanding investments
made directly or through the Site and wish to withdraw consent to doing business electronically, we
will terminate your registered user account with us.
You also expressly consent to receiving calls and messages, including auto-dialed and pre-recorded
message calls, and SMS messages (including text messages) from us, our affiliates, marketing
partners, agents and others calling at their request or on their behalf, at any telephone numbers
that you have provided or may provide in the future (including any cellular telephone numbers).
Your cellular or mobile telephone provider will charge you according to the type of plan you carry,
and these communications may result in charges to you.
If you are accessing our Site and the Disclosures electronically via a mobile device (such as a smart
phone, tablet, and the like), in addition to the above requirements you must make sure that you
have software on your mobile device that allows you to print and save the Disclosures presented to
you during the application process. If you do not have these capabilities on your mobile device,
please access our Site through a device that provides these capabilities.
Privacy
Please review the Site’s Privacy Policy. By using the Site or the Service, you are consenting to
have your personal data transferred to and processed in the United States.
Disclaimers
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE
PROVIDED ON AN & "AS IS"; AND & "AS AVAILABLE"; BASIS. COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
RealSource does not guarantee the accuracy of any User Content or Third-Party Content.
Although we provide rules for User conduct and postings, we do not control and are not
responsible for what Users post on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on
the Site or in connection with any User Content or Third-Party Content. RealSource is not
responsible for the conduct, whether online or offline, of any User of the Site or Service.
RealSource cannot guarantee and does not promise any specific results (relating to investments
or otherwise) from use of the Site and/or the Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or
other reasons. RealSource assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, User communications. RealSource is not
responsible for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software, failure of email
or players on account of technical problems or traffic congestion on the Internet or on the Site
or combination thereof, including injury or damage to Users or to any other person's computer
related to or resulting from participating or downloading materials in connection with the Web
and/or in connection with the Service. Under no circumstances will RealSource be responsible
for any loss or damage, including any loss or damage to any User Content or personal injury or
death, resulting from anyone's use of the Site or the Service, any User Content or Third-Party
Content posted on or through the Site or the Service or transmitted to Users, or any
interactions between Users of the Site, whether online or offline.
RealSource reserves the right to change all content contained in the Site and any Services
offered through the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier or otherwise
does not constitute or imply endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by RealSource.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS MAY BE
REQUIRED BY APPLICABLE SECURITIES LAWS, IN NO EVENT WILL REALSOURCE OR ITS
DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR
OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF REALSOURCE IS AWARE OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE
REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY
OF REALSOURCE OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR
REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Arbitration
By visiting or using the Site and/or the Service, you agree that the laws of the State of Utah,
without regard to any principles of conflict of laws that would require or permit the application
of the laws of any other jurisdiction, will govern these Terms of Service. By agreeing to the
Terms and using the Website and the Service, you agree to submit to personal jurisdiction in
Utah for all purposes, and you agree to waive, to maximum extent permitted by law, any right
to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute
arising out of or relating to these Terms of Service, 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 Utah. Such arbitration must be commenced within one (1) year after the claim or
cause of action arises. Notwithstanding the foregoing, either RealSource or you may apply to
any court of competent jurisdiction for injunctive relief without breach of this arbitration
provision.
Indemnity
You agree to indemnify and hold RealSource, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, employees and representatives, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with your use of the Service or the Site, your
conduct in connection with the Service or the Site or with other Users of the Service or the Site,
or any violation of these Terms of Service or of any law or the rights of any third party, any of
your User Content, and any Third Party Content you post or share on or through the Site. 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
favor at the time of executing the release, which if known by him must have materially affected
his settlement with the debtor."; If you are a resident of another jurisdiction, you waive any
comparable statute or doctrine.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
other information about the Site or the Service ("Submissions"), provided by you to Company
are non-confidential and shall become the sole property of Company. Company shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or
otherwise, without acknowledgement or compensation to you.
Other
The failure of RealSource to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision in that or any other instance. If any
provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall
continue in full force and effect. If any provision of these Terms of Service shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be deemed severable
from these Terms of Service and shall not affect the validity and enforceability of any remaining
provisions.
No Professional Advice
You acknowledge and agree that, while some of the Content on the Site may relate to or
include information regarding legal, tax, investment, or accounting matters, RealSource is not
providing professional advice to you. Featuring of any Issuer on the Site does not constitute
endorsement by RealSource or representation of the quality of any potential investment in
such offerings.
Updates
You must keep us informed of any change in your e-mail address, your home mailing address,
or your telephone number so that we can maintain communications with you about your
authorization as a registered User and so that you can continue to receive all Disclosures in a
timely fashion. You can contact us by e-mail at info@realsource.net or by calling us at 801-601-
2700. You may also reach us in writing to us at the following address: 2089 Fort Union Blvd, Salt
Lake City, UT 84121.
Definitions
When we say “we”, or “us”, or “RealSource Properties Inc.”, or “RealSource”, we mean
RealSource, our affiliates, and those agents we use to provide services on our behalf. When we
say “Website"; we mean www.realsourceproperties.com, www.realsource.net, and all other
websites developed, owned, or maintained by RealSource and its affiliates.
More Information
If you have any questions about this Privacy Policy or wish to contact RealSource in connection
with any information contained in this Privacy Policy, regardless of which country you may be
writing from, please write to:
RealSource
2089 Fort Union Blvd, Salt Lake City, UT 84121
E: info@realsource.net
P: 801-601-2700
Effective Date
This Terms of Use was last updated on July 28, 2022
The contents of this communication: (i) do not constitute an offer of securities or a solicitation of an offer to buy securities, (ii) offers can be made only by the confidential Private Placement Memorandum (the “PPM”) which is available upon request, (iii) do not and cannot replace the PPM and is qualified in its entirety by the PPM, and (iv) may not be relied upon in making an investment decision related to any investment offering by the issuer, or any affiliate, or partner thereof ("Issuer"). All potential investors must read the PPM and no person may invest without acknowledging receipt and complete review of the PPM. With respect to any “targeted” goals and performance levels outlined herein, these do not constitute a promise of performance, nor is there any assurance that the investment objectives of any program will be attained. All investments carry the risk of loss of some or all of the principal invested. These “targeted” factors are based upon reasonable assumptions more fully outlined in the Offering Documents/ PPM for the respective offering. Consult the PPM for investment conditions, risk factors, minimum requirements, fees and expenses and other pertinent information with respect to any investment. These investment opportunities have not been registered under the Securities Act of 1933 and are being offered pursuant to an exemption therefrom and from applicable state securities laws. All offerings are intended only for accredited investors unless otherwise specified. Past performance are no guarantee of future results. All information is subject to change. You should always consult a tax professional prior to investing. Investment offerings and investment decisions may only be made on the basis of a confidential private placement memorandum issued by Issuer, or one of its partner/issuers. Issuer does not warrant the accuracy or completeness of the information contained herein. Thank you for your cooperation.
Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.
Real Estate Risk Disclosure:
• There is no guarantee that any strategy will be successful or achieve investment objectives including, among other things, profits, distributions, tax benefits, exit strategy, etc.;
• Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
• Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
• Potential for foreclosure – All financed real estate investments have potential for foreclosure;
• Illiquidity – These assets are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.
•Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
• Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits
• Stated tax benefits – Any stated tax benefits are not guaranteed and are subject to changes in the tax code. Speak to your tax professional prior to investing.
BrokerCheck Information:
• Check the background of this firm on FINRA's BrokerCheck.
• Check the background of this investment professional on FINRA's BrokerCheck.
The contents of this communication: (i) do not constitute an offer of securities or a solicitation of an offer to buy securities, (ii) offers can be made only by the confidential Private Placement Memorandum (the “PPM”) which is available upon request, (iii) do not and cannot replace the PPM and is qualified in its entirety by the PPM, and (iv) may not be relied upon in making an investment decision related to any investment offering by the issuer, or any affiliate, or partner thereof ("Issuer"). All potential investors must read the PPM and no person may invest without acknowledging receipt and complete review of the PPM. With respect to any “targeted” goals and performance levels outlined herein, these do not constitute a promise of performance, nor is there any assurance that the investment objectives of any program will be attained. All investments carry the risk of loss of some or all of the principal invested. These “targeted” factors are based upon reasonable assumptions more fully outlined in the Offering Documents/ PPM for the respective offering. Consult the PPM for investment conditions, risk factors, minimum requirements, fees and expenses and other pertinent information with respect to any investment. These investment opportunities have not been registered under the Securities Act of 1933 and are being offered pursuant to an exemption therefrom and from applicable state securities laws. All offerings are intended only for accredited investors unless otherwise specified. Past performance are no guarantee of future results. All information is subject to change. You should always consult a tax professional prior to investing. Investment offerings and investment decisions may only be made on the basis of a confidential private placement memorandum issued by Issuer, or one of its partner/issuers. Issuer does not warrant the accuracy or completeness of the information contained herein. Thank you for your cooperation.
Securities offered through Emerson Equity LLC Member: FINRA/SIPC. Only available in states where Emerson Equity LLC is registered. Emerson Equity LLC is not affiliated with any other entities identified in this communication.
Real Estate Risk Disclosure | 1031 Risk Disclosure
• There is no guarantee that any strategy will be successful or achieve investment objectives including, among other things, profits, distributions, tax benefits, exit strategy, etc.;
• Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
• Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
• Potential for foreclosure – All financed real estate investments have potential for foreclosure;
• Illiquidity – These assets are commonly offered through private placement offerings and are illiquid securities. Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments.
•Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
• Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits
• Stated tax benefits – Any stated tax benefits are not guaranteed and are subject to changes in the tax code. Speak to your tax professional prior to investing.
BrokerCheck Information:
• Check the background of this firm on FINRA's BrokerCheck.
• Check the background of this investment professional on FINRA's BrokerCheck.