Private Capital HQ
Your 1031 Exchange, Delaware Statutory Trust, OZones and Properties Resources and Information.
Your 1031 Exchange, Delaware Statutory Trust, OZones and Properties Resources and Information.
Terms of Service & Privacy Policy
These Terms of Service (“Terms”) govern your access to and use of any and all services provided by Asset Strategy Innovation Group, LLC (hereafter “ASIG” or “Us” or “Our” or “We”), including our various websites, web-based applications, mobile applications, APIs, email notifications, email newsletters, blog posts, articles, and/or white papers, (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
You (meaning You, Your company or employer, any agents, legal counsel, employees, assignees, suppliers, third parties, or any other party of which you have control and who uses our Services, including any party that uses our Services using your Password, as defined below, hereafter “You” or “Your”) must read these Terms carefully. By registering for, creating an account, user name, or password, logging into, visiting and/or otherwise using the Services in any way, You indicate that You understand and intend these Terms to be the legal equivalent of a signed, written contract, and You accept the Terms as set forth herein and agree to be legally bound by them. If You do not agree to these Terms, please do not access Our Services. By accessing or using Our Services, you agree to be bound by these Terms.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, unless a Service has been contracted for using a separate license agreement, in which case the terms of that separate license agreement will govern if they conflict with those found herein, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You. You agree that you are either (a) an investment adviser under federal or state law that has executed an Advisor License Agreement with Us or (b) you are a prospect or client of an investment adviser described in (a) and that you have certified with that investment adviser that you are an accredited investor as that term is defined in 17 C.F.R. § 230.501 and that if at any time you stop being an accredited investor, you agree to no longer use any of Our Services.
You acknowledge and agree that the license granted in these Terms is not a concurrent user license and that the rights granted to You under these Terms are subject to all of the following agreements and restrictions: (i) licenses cannot be shared or used by more than one individual; (ii) You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Services available to any third party other than You; (iii) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services or access the Services in order to build a similar or competitive product or service; (iv) You shall not create internet “links” to the Services or “frame” or “mirror” any part of the Services, including any content contained in the Services, on any other server or device; (v) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; (vi) You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services; (vii) You acknowledge and agree that ASIG shall own all right, title and interest in and to all intellectual property rights in the Services and any suggestions, enhancement requests, feedback, or recommendations provided by You relating to the Services, including all unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, know-how and other trade secret rights, and all other intellectual property rights, derivatives or improvements thereof; (viii) unauthorized use, resale or commercial exploitation of any part of the Services in any way is expressly prohibited; (ix) You do not acquire any rights in the Services, express or implied, other than those expressly granted in these Terms and all rights not expressly granted to You are reserved by Us; and (x) these Terms are not a sale and doe not convey any rights of ownership in or related to the Services.
Use of the Services may require Internet access and that You accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that ASIG is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. ASIG does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. You understand that by accessing any Third Party Materials, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services and Third Party Materials at Your sole risk and that ASIG shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Location data provided by the Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ASIG, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
Nothing included in the Services constitutes tax, legal, or investment advice. Hypothetical example(s) are for illustrative purposes only and are not intended to represent the past or future performance of any specific investment. Before executing any financial or securities transaction based upon information obtained through the Services, You should consult with a financial professional. Neither the information, nor any opinion, included in the Services constitutes a solicitation or offer by ASIG or its affiliates to buy or sell any securities or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information included on the Services are the sole responsibility of You. Data is dynamic and could be subject to reporting errors, timeliness and categorization discrepancies. The information reported by updated fund company literature, prospectuses and reporting services is often irreconcilable. As a result, the data provided in our Services should be viewed as indicative rather than definitive. The data emanates from sources believed to be reliable, but we have no control over the means or methods used for collection. As a result, we cannot guarantee accuracy or completeness. BEFORE ACQUIRING THE SHARES OF ANY MUTUAL FUND, ETF, COLLECTIVE FUND, SEPARATE ACCOUNT, MANAGED ACCOUNT, OR ANY OTHER TYPE OF SECURITY BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ THE FUND’S PROSPECTUS OR CORRESPONDING DISCLOSURE MATERIALS.
Investing in alternative assets involves higher risks than traditional investments and is suitable only for sophisticated investors. Alternative investments are often sold by prospectus that discloses all risks, fees, and expenses. They are not tax efficient and an investor should consult with his/her tax advisor prior to investing. Alternative investments have higher fees than traditional investments and they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain and should not be deemed a complete investment program. The value of the investment may fall as well as rise and investors may get back less than they invested.
The Services are for residents of the United States who are accredited investors only. Registered Representatives and Investment Advisor Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Not all of the Services are available in every state and through every financial professional.
Certain securities described as part of the Services have not been registered under the Securities Act of 1933, in reliance on the exemptive provisions of Section 4(2) of the Securities Act and Regulation D and Rule 506, and/or Regulation S, promulgated thereunder. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering described in the Services.
Investment overviews included in the Services may contain summaries of the purpose and principal business terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. Any information contained in the Services has been prepared by ASIG without reference to any particular user’s investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment. Each investment opportunity may be accompanied by full disclosure materials which have been prepared by the investment sponsor or issuer. You are encouraged to review such information with Your advisors prior to making an investment. ASIG makes no representations or warranties regarding the information contained in any disclosure material or other information provided by a sponsor or issuer.
You understand and agree that a necessary terms of these Terms is that you certify that you are not subject to a Disqualifying Event as defined in Rule 506(d) and that you will promptly notify ASIG in writing should any Disqualifying Events be applicable to you. ASIG is not liable or responsible for making Rule 506(e) disclosures, nor for determining whether anyone is subject to a Disqualifying Event.
You understand and acknowledge that access to the Services is provided on the strict understanding that We are not acting as an “investment advisor” as such term is defined in the U.S. Investment Advisers Act of 1940 or any other applicable state law, or as a “fiduciary” under the Employee Retirement Income Security Act of 1974. You further understand and acknowledge that ASIG is not engaged in rendering legal, accounting, fiduciary, or other professional services. You agree to consult with Your attorneys, compliance officers, and/or other professional advisors prior accessing or using the Services.
All information or material submitted through the Services will be deemed to be the property of ASIG, unless a separately negotiated, signed, and valid license agreement exists that changes these Terms. By submitting any information or material to us through the Services, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that ASIG is free to use for any purpose any ideas, concepts, know-how or techniques that you submit to us through the Services. ASIG shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed to by ASIG in a separately negotiated, signed, and valid license agreement. You agree that ASIG may use submitted information for preparation of benchmarking and other statistical analysis.
In the course of providing our Services, we may obtain non-public personal information which may come from sources such as account applications and other forms, from other written, electronic or verbal correspondence, from an advisory firm, financial adviser or consultant, and/or from information captured on our internet web sites. The personal information we collect allows Us to keep You posted on Our latest product announcements, software updates, and upcoming events. It also helps Us to improve our Services, content, and advertising. We also use personal information to help Us develop, deliver, and improve Our products, services, content, and advertising. From time to time, We may use Your personal information to send important notices, such as communications about purchases and changes to Our terms, conditions, and policies. Because this information is important to your interaction with ASIG, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve ASIG’ products, services, and customer communications.
As a matter of policy, we do not disclose any personal information gathered by us to non-affiliated third parties, except as required for our everyday business purposes, such as to process transactions or service an account, or permitted by law. As is common in the industry, non-affiliated companies may from time to time be used to provide certain services. We may enter into joint marketing arrangements with other companies. We may also retain marketing and research service firms to conduct research on customer satisfaction. These companies may have access to personal information, but are solely permitted to use this information to provide the specific service or as otherwise permitted by law.
We reserve the right to disclose or report personal information to non-affiliated third parties, in limited circumstances, where we believe in good faith that disclosure is required under law to cooperate with regulators or law enforcement authorities, or to protect our rights or property.
We take seriously our obligation to safeguard personal information. In addition to this policy, we have also implemented procedures that are designed to restrict access to personal information only to internal personnel who need to know that information in order to provide Services. In addition, we have physical, electronic, and procedural safeguards in place to guard personal information. The security of your information is important to us. When you enter sensitive information using our Services, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee absolute security. If you have any questions about security on our website, you can contact us at info@assetstrategy.com.
We will dispose of records that are knowingly derived from data received from personal information that ensures the confidentiality of the data is maintained.
We may use cookies and similar technologies, including mobile device identifiers, to help us recognize you, improve your experience, increase security, measure use of our Services, and serve advertising. You can control cookies through your browser settings and other tools. By using our Services, you consent to the placement of cookies and beacons in your browser.
ASIG is always seeking to improve the Services we offer You. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information.
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, ASIG currently does not share any personal information with third parties for their direct marketing purposes.
You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except as permitted by any applicable separate license agreements between You and ASIG. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Nothing shall be construed as granting a license or right to use any image, trademark, service mark or logo, which is the property of ASIG or its third-party information providers, suppliers, partners, or licensors. ASIG reserves all rights with respect to its proprietary information or material and will enforce such rights to the full extent of applicable copyright and trademark law.
You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ASIG is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. Except as otherwise stated in these Terms or as expressly authorized by ASIG in writing, you may not:
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
In addition, Services, third party services and Third Party Materials that may be accessed from, displayed on or linked to are not available in all languages or in all countries. ASIG makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
ASIG, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will ASIG be liable for the removal of or disabling of access to any such Services. ASIG may also impose limits on the use of or access to certain Services, in any case and without notice or liability. ASIG also reserves the right to change, modify, add to, or remove portions of these Terms at any time for any reason. We suggest that you review the Terms periodically for changes. Such changes shall be effective immediately upon posting. You acknowledge that by accessing the Site after we have posted changes to these Terms, you are agreeing to the Terms as modified.
All content included in the Services is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, You are responsible for setting the cache settings on your browser to ensure You are receiving the most recent data.
Certain Services are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such Services, or to any other protected materials or information, through any means not intentionally made available by ASIG for your specific use. If you have a Password for access to non-public Services, you are solely responsible for all activities that occur in connection with your Password. Accordingly, you should take all reasonable steps to protect the confidentiality of your Password. Notify ASIG immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Password.
ASIG reserves the right to determine the form and means of providing notifications to You, and You agree to receive legal notices electronically if we so choose.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ASIG without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
EXCEPT AS AGREED TO BY ASIG IN A SEPARATELY NEGOTIATED, SIGNED, AND VALID LICENSE AGREEMENT, NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASIG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASIG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASIG OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ASIG BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ASIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You expressly absolve and release ASIG and its officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions. In exchange for using the Services, You agree to indemnify and hold ASIG, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Services, from your violation of these Terms or from any decisions that you make based on such information. Except as agreed to by ASIG in a separately negotiated, signed, and valid license agreement, in no event shall ASIG’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
For any dispute You have with ASIG, You agree to first contact Us and attempt to resolve the dispute with Us informally. If ASIG has not been able to resolve the dispute with You informally, to the extent permitted by law, all controversies between You and Us shall be settled by binding arbitration in Massachusetts, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered into any court having jurisdiction. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses subject to the Limitation of Liability provision above. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ASIG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The laws of the Commonwealth of Massachusetts govern this license and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms represent the entire agreement between ASIG and You relating to the subject matter herein, unless a separately negotiated, signed, and valid license agreement exists.