Terms Of Use
These terms of use (our “Agreement”) should be read carefully before using the services offered by Central Capital Inv Corp. and those of its subsidiaries and affiliates (collectively “CCI”), or accessing the website of CCI (the “Site”). This Agreement sets forth the legally binding terms and conditions for your use of the Site and the services provided by CCI on and through it.
Without limitation, this Agreement applies to all users of the Site or Service, including Accredited Investors, as defined by SEC Regulation D Rule 501 (“Investors”), who in any way use the Site.
Your use of the Site on any occasion is governed by the version of this Agreement in effect on the date of that use. By visiting or using any portion of the Site, you agree to be bound by this Agreement, our privacy policy (the “Privacy Policy”), and all other operating rules, policies and procedures that may be provided by CCI on the Site, in the Privacy Policy or in related accessible documentation from time to time. This Agreement is in addition to any other agreements between you and CCI, including, without limitation, any subscriber or account agreements, warranties and limitations on warranties and liability. All those materials are incorporated by reference, and any of them may be updated by CCI from time to time without notice to you. If you do not agree to be so bound by this Agreement, please exit the Site. If you agree, you must thereafter check periodically for updates to any of the foregoing materials. It is your responsibility to check the terms of this Agreement periodically for any changes. Your continued use of the Service following the posting of any changes this Agreement constitutes acceptance of those updates and changes.
CCI reserves the right, in its sole discretion, to limit, suspend or deny your access to the Site for any reason. The information and materials on the Site may contain typographical errors or inaccuracies, even information that might have been substantially accurate at the time of posting and for which accuracy can later not be assured or assessed. Any dated information should be examined for accuracy as of its date of publication only. CI has no obligation or responsibility to update or amend any such information. CCI may discontinue or change any product or service described in, or offered through, the CCI Site at any time. You agree that CCI will not be liable to you or to any third party as to any of the actions referenced in this paragraph.
INVESTOR QUALIFICATIONS
To the extent that any service referenced on the Site involves the offer or sale of securities, it shall be available only to Accredited Investors who are at least eighteen (18) years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you shall submit by or through the Site shall be accurate and truthful at all times. Other than where the offering of any service to you through the Site or denying you any such offering may be expressly prohibited by applicable law (in which case, you may not access or use the service), CCI may, in its sole discretion, refuse to offer you any service through the Site or may deny the service to you. Eligibility criteria may change from time to time without prior notice. This provision is void where prohibited by law and the right to access a Site service is revoked in those jurisdictions. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on that entity’s behalf and that the entity you so represent for use of the Site agrees to indemnify CCI for violations of this Agreement.
SECURITIES PRODUCTS
Potential investment listings on this Site are only suitable for Accredited Investors who are familiar with, and willing to accept, the high risk associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are less liquid than many other forms of investment available to you. Investors may receive restricted securities that may be subject to holding period requirements. Investment offerings on this Site may feature real estate opportunities that vary in size, scope, term and return profiles; each potential investment may contain more or less inherent risk. Investing in private placements requires high risk tolerance, low liquidity concerns and long-term commitments. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high-net-worth individuals and entities. Investors must meet certain eligibility tests to qualify as purchasers. Currently, entities must have assets of at least five million ($5,000,000) (or all individual owners meet accredited investor tests). Individuals must have had a net worth of more than one million dollars ($1,000,000), excluding primary residence or gross income for each of the last two (2) years of at least two hundred thousand dollars ($200,000 (three hundred thousand dollars [$300,000 with spouse]), with the expectation of the same income in the year of making the investment.
The value of investments and the income from them can fall as well as rise. Past performance is not a guarantee of future performance. The contents of this Site do not constitute financial, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. You should obtain investment and tax advice from your advisers before deciding to invest. Investments are not FDIC insured, may lose value and are not subject to any bank guarantee.
None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Site has been prepared by without reference to any particular user’s investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision of those services or the use of any portion of the Site would be contrary to applicable laws, rules or regulations of any governmental authority or where CCI is not authorized to provide such information or services. Some services described in the Site may not be available in all jurisdictions or to all clients.
CCI reserves the right, at its sole discretion, to modify, replace or discontinue any service (including, without limitation, the availability of any feature, database, or content) at any time. Such modification shall become part of this Agreement and are automatically effective once posted on the Site or by sending you an email. CCI may impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
PROPRIETARY RIGHTS
CCI or its licensors own and retain all proprietary rights in the Site and all materials and information posted on it (collectively, the “Content”). The Site contains the copyrighted material, trademarks and other proprietary rights of CCI and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other proprietary information, or otherwise copy or transmit any Content or other proprietary information without the express written permission of CCI.
To the extent you receive any information from CCI or other Investors through the Site with respect to any Investment activity of others, you may not disclose or otherwise provide that information to another party in any way that allows a personal identification of any other Investor. You agree that CCI may, at its sole discretion and to the extent permitted by law, access, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations of it; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of CCI, its users, or the public.
By using and accessing this Site, you agree to keep all information you learn about companies and investment opportunities on the site private and confidential.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, CCI will also terminate a User’s account if the user is determined to be a repeat infringer.
AUTHORIZED USER
Certain of our services and certain pages of the Site are available only to Investors who have been authorized by us to access those services and pages. Obtaining that authorization, which cannot be guaranteed, may require completion of an accredited investor questionnaire and satisfactory background information screening or identification verification. Only users of CCI with a valid user ID and password are authorized to access those services and web pages.
Unauthorized use of the Site, including, without limitation, the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password. CCI reserves the right at its discretion to suspend or cancel your password, even without receiving any such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. You must promptly report any unauthorized or suspicious activity in your account to us at info@cc-i.com.
USE OF LINKS
The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. Whenever you access those third-party websites, you do so at your own risk. These other websites are not under CCI’s control, and you acknowledge that CCI is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of those websites or their content or links. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by CCI or any association with its sponsors. You further acknowledge and agree that CCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website. You should also be aware that the terms and conditions, privacy policy and applicable law of any such website may be different from those applicable to your use of the CCI Site.
THIRD-PARTY CONTENT
Portions of the Site and third-party websites may contain third-party content and may provide links to webpages and content of third parties (collectively, “Third-Party Content”). CCI does not control, endorse, investigate, or adopt any Third-Party Content and makes no representations or warranties of any kind regarding Third-Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that CCI is not responsible or liable in any manner for any Third-Party Content or your reliance upon Third-Party Content. Of any Third-Party Content is at your own risk.
TERMINATION
CCI may terminate your access to all or any part of the Site any CCI service referenced on it at any time, with or without cause, with or without notice, effective immediately. Termination may result in the forfeiture and destruction of all information associated with your membership. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMERS
The information on this Site has not been approved by the United States Securities and Exchange Commission or by any regulatory or supervisory authority of any state or other jurisdiction, nor has any such authority or commission passed on the accuracy or adequacy of that information. All information is subject to correction, completion, verification and amendment.
CCI is not making any offer, invitation or recommendation of any kind to the Users of this Site and under no circumstances is it to be construed as a prospectus, product disclosure statement or an advertisement. Any such offer will be made only by means of an Investment’s offering materials (collectively, the “Offering Materials”) and is subject to the terms and conditions contained therein.
Without limiting the generality of the foregoing, this document does not constitute an invitation or inducement of any sort to any person in any jurisdiction in which such an invitation or inducement is not permitted or where CCI is not qualified to make such invitation or inducement.
CCI has no special relationship with or fiduciary duty to you. You acknowledge that CCI has no control over, and no duty to take any action regarding: (a) which users gains access to the Site; (b) what Content you access via the Site; (c) what effects the Content may have on you; (d) how you may interpret or use the Content; (e) or what actions you may take as a result of having been exposed to the Content. You release CCI from all liability for you having acquired or not acquired Content through the Site. CCI makes no representations concerning any Content contained in or accessed through the Site, and CCI will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
CCI neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
Without limitation to the terms and conditions of its privacy policy or the Electronic Communication Privacy Act Notice (18 U.S.C. § 2703), CCI makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. CCI will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CCI equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless CCI, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your user submissions, violation of the Agreement, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. CCI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CCI in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CCI, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (a) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (b) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (c) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW; ARBITRATION
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by CCI and you, any dispute arising out of, or relating to the Agreement, or the breach of it, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator, AAA shall select the arbitrator. Arbitration shall be held in Manhattan (New York County), New York, New York. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against CCI only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
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 that you provide to CCI, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to CCI.
INTEGRATION AND SEVERABILITY
This Agreement is the entire agreement between you and CCI with respect to your use of the Site. It supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and CCI with respect to the Site. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided in this Agreement shall not be deemed a waiver of that right on any other occasion or of any other right or remedy.
Webmaster for contact as to site management and performance issues: info@cc-i.com. Contact may be made during regular business hours Eastern Time, USA. Messages received outside those business hours may be held for response on a subsequent business day.
