Terms of Service

TERMS OF USE 
Last Modified: October 8, 2024

Fracvest,LLC (“Fracvest”) operates the website www.fracvest.com (the “Platform”) These Terms of Use (the “Terms” or this “Agreement”) govern your use of the Platform and constitute a license for your use of the Platform. By accessing, viewing, or using the Platform, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms or thePrivacy Policy at [URL] (“Privacy Policy”), which his incorporated by reference, or do not wish to be bound by these Terms or the Privacy Policy, do not use the Platform. If you are accepting these Terms on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the entity on whose behalf you are accepting these Terms. 

‍YOUR USE OF THE PLATFORM

‍Fracvest provides thePlatform solely to (a) provides customers and potential customer of Fracvest information about the company; and (b) connect knowledge real estate investors or those individuals who are interested in purchasing a fractional share of real estate with real estate owners who may be willing to sell a portion of the real estate they own to such investors or individuals. Any other use of thisPlatform is prohibited.

You may not use thePlatform if you are under the age of 18 or are otherwise legally prohibited from entering into an agreement with Fracvest. You must use the Platform in compliance with all laws, rules, and regulations of any source (international, national, state, and local).

Your use of the Platform does not constitute an offer to sell or a solicitation of an offer to buy any real estate or real estate interest in any jurisdiction to any person to whom it is unlawful to make such offer, sale or solicitation. Your use of the Platform is for informational purposes only and does not guarantee you any right to sell or purchase any real estate or real estate interest.

‍PASSWORDS AND CREDENTIALS

‍If you choose, or are provided with, a username, password, or any other piece of information as part of Fracvest’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify Fracvest immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account and the Platform at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

Fracvest has the right to disable any username, password, or other identifier, whether chosen by you or provided by Fracvest, at any time in our sole discretion for any or no reason, including, but not limited to, if, in Fracvest’s sole opinion, the user whose account is affected is alleged to have violated any provision of these Terms, orany local, state, or federal law or regulation.

‍PLATFORM CONTENTS AND OWNERSHIP

‍The information contained on this Platform, including all images, designs, photographs, writings, graphs, data, and other materials (the “Materials”) are the property of Fracvest and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You shall comply with all copyright laws worldwide in your use of this Platform and prevent unauthorized copying of the Platform or the Materials. Except as provided in these Terms, Fracvest does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

You must not reverse engineer, decompile, disassemble, reproduce, tamper with, probe, scan, scrape,or create any derivative works from any portion or subset of the Platform or Materials.

‍DISCLAIMER OF WARRANTY

‍You expressly agree that use of the Platform is at your sole risk. Neither Fracvest, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”),or the like, warrant that this site will be uninterrupted or error-free; nor doProviders make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, orcurrency of the Materials. 

The Materials may contain errors, omissions, inaccuracies, or outdated information.Further, Fracvest does not warrant reliability of any statement or other information displayed or distributed through the Platform. Fracvest reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Platform. Fracvest may make any other changes to the Platform, the Materials and the products, programs, services, or prices (if any)described in this site at any time without notice. 

THIS PLATFORM AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “ASIS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. FRACVEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM,THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FRACVEST EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT,OR INFORMATION ON THIS SITE OR ANY GOODS (TANGIBLE OR INTANGIBLE) OR OTHER PRODUCT, SERVICES OR INTERESTS OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. 

‍LIMITATION OF LIABILITY 

‍YOU AGREE THAT FRACVEST AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OREXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OFTHE MATERIALS, CONTENT, OR INFORMATION ON THIS PLATFORM REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT,INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FRACVVEST OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTERFAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANYWAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS PLATFORM OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS PLATFORM,YOUR USE OF, OR INABILITY TO USE, THIS PLATFORM GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FRACVEST OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

‍INDEMNIFICATION You agree to indemnify, defend, and hold harmless Fracvest and any of its Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. 

‍PRIVACY POLICY 

Click here to access Fracvest’s Privacy Policy governing the use of information that Fracvestobtains from you through your use of this Platform. 

‍LIMITATIONS ON CLAIM 

‍Any cause of action you may have with respect to your use of this Platform must becommenced within one year after the claim or cause of action arises. 

‍TERM AND TERMINATION Without limiting its other remedies, Fracvest may immediately discontinue, suspend,terminate, or block your and any user’s access to this Platform at any time in Fracvest’ssole discretion. 

‍HYPERLINK DISCLAIMERS 

As a convenience to you, Fracvest may provide on this Platform links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any LinkedSite, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links,IMG links) are not maintained, controlled, or otherwise governed by Fracvest. The content, accuracy, opinions expressed, and other links provided by LinkedSites are not investigated, verified, monitored, or endorsed by Fracvest. Fracvestdoes not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LinkedSite, other than linked information authored by Fracvest. Links do not imply that Fracvest or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that anyLinked Site is authorized to use any trademark, trade name, logo or copyright symbol of Fracvest or any of its affiliates or subsidiaries. Except for links to information authored by Fracvest, Fracvest is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s)linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Fracvest reserves the right to discontinue any Linked Site at any time without prior notice.Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them. 

‍CONTROLLINGLAW, JURISDICTION, AND INTERNATIONAL USERS 

ThisAgreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Fracvest makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with alllocal laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusivejurisdiction of the state or federal courts located within Kent County,Michigan for any disputes with Fracvest or any Provider arising out of your useof the Platform. 

‍ENTIRE AGREEMENT 

ThisAgreement constitutes the entire agreement between Fracvest and you with respect to your use of the Platform, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Fracvest with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provisionof this Agreement or portion of it to be unenforceable, that provision shall been forced to the maximum extent permissible so as to effect the intent of thisAgreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

‍MODIFICATIONS TO AGREEMENT 

Fracvest may revise this Agreement at any time and you agree to be bound by the revisedAgreement. Any such modifications will become effective on the date they are first posted to the Platform. You are responsible to return to this Agreement from time to time to review the most current terms and conditions. Fracvest does not and will not assume any obligation to notify you of changes to thisAgreement. 

‍ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES 

You agree to be bound by any affirmation, assent, or agreement you transmit through thePlatform, including but not limited to any consent you give to receive communications from Fracvest solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.