Acceptance of terms
This Agreement contains the complete terms and conditions that apply to your participation in capitalbrain.co
("Site") maintained by Monetarex, Inc. (“Monetarex”). If you wish to use the Site including its tools and services
(“Services”) please read these terms of use carefully. By accessing this Site or using any part of the Site or any
of its content or Services, you agree to enter into a contract (“Agreement”) with Monetarex under which you will
become legally bound by these terms and conditions. If you do not agree to all the terms and conditions, then you
may not access the Site or use any of its Services in the Site.
Modifications of terms of use
Amendments to this Agreement can be made and effected by us from time to time without specific notice to your end.
Agreement posted on the Site reflects the latest agreement and you should carefully review it before you use our
Site.
Use of the site
The Site acts as a listing, networking, and information portal that allows you to post real estate deals, receive
data and communicate online. Monetarex is not a real estate broker or a registered broker-dealer and does not
provide investment advice. The information on the Site neither is, nor should be construed as an offer, or
solicitation of an offer to buy or sell securities. All information on the Site is for informational purposes only
and should not be construed as professional advice. The Site does not affect any transactions, does not have any
involvement in any negotiations, does not make recommendations, and does not handle members’ funds. Monetarex is not
involved in the preparation and furnishing of the information on the Site. Information on the Site has been provided
by users and the Site does not guarantee that it is accurate or complete. Each Sponsor is solely responsible for its
own information. The Site is intended only for accredited investors as defined in rule 501 (A) of Regulation D under
the Securities Act and applicable state laws. All Investors on the Site must be an accredited investor and it is
Sponsor’s responsibility to verify such. You shall be fully responsible for any investment decisions you make, and
such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk
tolerance, and liquidity needs. Listings on this Site are only suitable for accredited investors who are familiar
with and willing to accept the high risk associated with investments in real estate. When an Investor clicks “I want
to invest” button, the Investor expresses non-binding intent to invest in a Sponsor’s deal. The Site’s only
responsibility is to deliver this intent to the Sponsor. Any company or investor who uses the site in connection
with a potential transaction does so at its own risk and is solely responsible for conducting its own legal,
accounting and due diligence review. All sponsors and investors who use the Site should consult with licensed
securities professionals, attorneys, and tax advisors regarding any potential investments and compliance with
applicable federal, state and/or foreign securities laws and regulations. You are prohibited from any of the
following acts: (a) use of our Site, including its Services and tools if you are not able to form legally binding
contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, Services, or
tools (b) posting of an items deemed by Monetarex to be in inappropriate category or areas on the Site or in regard
to its Services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item
or interfere with other users' listings; (f) posting false, inaccurate, misleading, defamatory, or libelous content;
(g) providing false information self-certifying on Accredited Investor questionnaire; (e) taking any action that may
damage the feedback system, or (f) engaging in any activities that are in violation of the federal and state
securities laws of the United States or any foreign jurisdiction.
Registration Information
For you to complete the sign-up process in our Site, you must provide your full legal name, a valid email address,
member name and any other information needed in order to complete the signup process. You must be responsible for
keeping your password secure and be responsible for all activities and contents that are uploaded under your
account. If you believe your username or password has been compromised, you should change them immediately via the
Site and contact Customer Service at info at monetarex.com. You must not transmit any worms or viruses or any code
of a destructive nature. Any information provided by you or gathered by the Site or third parties during any visit
to the Site shall be subject to the terms of Site's Privacy Policy.
Termination of Use
This Agreement will remain in full force and effect while you use the Site. You may terminate your membership at any
time for any reason. We may terminate your membership for any reason at any time. Even after your membership is
terminated, certain sections of this Agreement will remain in effect.
Payments
Members shall pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time
a fee or charge is due and payable and provide Monetarex express authorization to charge said fees to their payment
provider. Fees owed depend on the specific type and quantity of products, services, information, or deliverables
ordered. All payment obligations are noncancelable and all amounts paid are nonrefundable. If payment is not
current, Monetarex may immediately cease to provide any and all services to the customer. Subscriptions will
automatically renew at the prevailing subscription cost and the credit card number provided for initial payment will
be charged accordingly unless the customer notifies Monetarex (in writing) 7 days prior to the renewal date.
Customer may cancel their Monetarex subscription and membership by contacting us by email (info at monetarex.com).
All members can easily cancel their subscriptions at any time. There are no cancellation fees, though no refunds are
provided for pro-rated periods. If you cancel before the end of a billing period, members will retain access until
that billing period is over. Company reserves the right to change its fees or billing methods at any time. It is
Customer's responsibility to promptly provide Monetarex with any contact or billing information changes or updates
(including email address, credit card numbers, etc.).
Non-commercial use by members
All copyright, trademarks and all other intellectual property rights in the Site and its content (including without
limitation the Site design, text, graphics and all software and source codes connected with the Site) are owned by
or licensed to Monetarex or otherwise used by Monetarex as permitted by law. In accessing the Site you agree that
you will access the content solely for your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright
holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial use
only.
Links & Framings
Site may include links to third party websites that are controlled and maintained by others. Any link to other
websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the
content or availability of any such sites. Illegal and/or unauthorized uses of the Services, including unauthorized
framing of or linking to the Site will be investigated, and appropriate legal action may be taken. Some links,
however, are welcome to the Site and you are allowed to establish hyperlink to an appropriate part within the Site
provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove
or obscure any advertisements, copyright notices or other notices on the placed at the Site; (iii) the link does not
state or imply any sponsorship or endorsement of your own site and (iv) you immediately stop providing any links to
the Site on written notice from us. You must also check the notices on the homepage of any site maintained by our
content providers to which you wish to link to make sure that you are in compliance with the content providers’
policies regarding direct links to their content on our Site.
Warranty disclaimer and exclusions / limitations of liability
The contents of the Site do not constitute investment advice and should not be relied upon in making or refraining
from making, any decision. Monetarex is a listing service only and is not acting as a broker or agent for any person
or property. The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made
and without warranty of any kind whether express or implied, including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To
the extent permitted by law, Site will not be liable for any indirect or consequential loss or damage whatever
(including without limitation loss of business, opportunity, data, profits, or the expenses of procuring substitute
services) arising out of or in connection with the use of the Site. Site makes no warranty that the functionality of
the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that
makes it available are free of viruses or anything else which may be harmful or destructive. The Site is not selling
or offering for sale any securities in any jurisdiction.
Intellectual property rights
You hereby acknowledge that all rights, title and interests, including but not limited to rights covered by the
copyright, trademark and other intellectual property rights, in and to the Site are owned by Monetarex, and that you
will not acquire any right, title, or interest in or to the Site other than the usage rights expressly set forth in
this Agreement. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or
documentation, or create or attempt to create a substitute or similar service or product through use of or access to
the site or proprietary information related thereto.
Confidentiality
All information accessed from the Site is proprietary information of Monetarex which you agree to retain in
confidence. Personal Information inputted by the by you remains your property and will be protected by Monetarex in
accordance with its privacy policy.
Indemnity
You agree to indemnify and hold Monetarex and its employees and agents harmless from and against all liabilities,
legal fees, damages, losses, costs and other expenses in relation to any claims or actions arising out of any breach
by you of this Agreement or other liabilities arising out of your use of this Site.
Severability of Terms
In the event that any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree
or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder
of this Agreement shall remain valid and enforceable according to its terms.
Entire Agreement
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any
reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between
Monetarex and you, and supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the contents and materials and Services provided by or through the Site.
Dispute Resolution
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection
with this Agreement shall be resolved individually exclusively by final and binding arbitration under the rules of
the American Arbitration Association (“AAA”) and held at the AAA regional office located in San Francisco California
or such other AAA regional office as may be determined by the AAA, and judgment on the arbitration award may be
entered in any court having jurisdiction. You thus agree to give up your right to go to court to assert or defend
your rights, and also give up your right to participate in or bring class actions and to serve as a private attorney
general or in any other representative capacity in connection with a dispute. Your rights will be determined by a
neutral arbitrator and not a judge or jury. Monetarex and you both retain the right to pursue injunctive relief in
any court having jurisdiction.
For any further information please email info at monetarex.com
This document was last updated on October 4, 2016