Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict your access to some or the entire Website.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
Durise manages the Website as a crowd-funding platform, allowing investors to make commitments to invest in real estate investments. Real estate investment properties are listed on the Website and offered to prospective investors. The Website facilitates investment in such real estate investments through a LLC in the United States, and helps investors track their investment transaction history. Payments for the real estate investments are deposited to a third party escrow account managed independently.
About Your Durise Account
When you register on the Website, you create a Durise account that allows you to interact with the Website and use the Services (an “Account”). By creating this Account, you represent that you are either: (i) an individual and wish to use the Services on your own behalf; or (ii) an individual authorised to use the Services on behalf of a corporation or other entity.
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. Durise may, in its sole discretion, refuse to offer the Service to any person or entity. The Service is not available to any Users suspended or removed from the Site or Service by Durise. By using the Service, you represent that you have not been previously suspended or removed from the Site or Service.
Some of our services, and certain web pages of the Site, are available only to those Users who have been authorized by us to access those services and web pages. Only Users of the Service who are Accredited Investors as defined in Regulation D Rule 501 adopted pursuant to the Securities Act of 1933 (“Accredited Investors”) with a valid User ID and password are authorized to access such services and web pages. In general, to qualify as an Accredited Investor, individuals must have a net worth of more than $1 million (excluding their primary residence), or gross income for each of the last two years of at least $200,000 ($300,000 jointly with their spouse) with the expectation of a similarly qualifying income during the current year. The authorization for such Accredited Investors may require completion of an Accredited Investor questionnaire and satisfactory background information screening and/or identification verification. By registering for, accessing, browsing, and/or otherwise using the services and/or web pages for which access is restricted to Accredited Investors, you represent and agree that you are an Accredited Investor. Should you cease to be an Accredited Investor at any time, you agree to immediately notify Durise and to refrain from accessing such restricted portions of the Site and/or Service. Further, because access to the restricted portions of the Site is limited by applicable law to Accredited Investors, you agree that you will not allow anyone to access such restricted portions of the Site, or share or disclose any information obtained through restricted portions of the Site with anyone, regardless of whether you believe such person or entity to also be an Accredited Investor.
As part of Durise’ authorization process, each user shall be required to provide, among other things, a valid email address. In providing your email address and agreeing to these Terms of Service, each authorized user consents to receiving email notifications from Durise concerning offerings. In some cases, users of the restricted portions of the Site may be required to confirm their status as an Accredited Investor. In order for Durise to confirm that your representation regarding your status as an Accredited Investor is accurate when made and continues to be accurate from time to time, you agree to provide Durise with all information and documentation reasonably required by Durise to verify your status as an Accredited Investor, including (without limitation) delivering a completed Accredited Investor questionnaire, tax returns, brokerage statements, bank statements, resumes and other private financial information. Should you fail to provide any requested information and documentation that confirms your status as an Accredited Investor, Durise may immediately suspend, block or otherwise discontinue your access and use of the Site or Service. Durise may change its eligibility criteria at any time, for any reason, and without prior notice.
Persons who are resident outside of the United States are allowed access to such investment opportunities only if such access does not violate the laws of their country of residence. Our services (and certain pages of the Site) that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Durise or Wealth Forge is not authorized to provide such information or services.
You agree that the information you provide during the Durise registration process is current, accurate, truthful and complete, and you will regularly update this information to maintain its completeness and accuracy. You are responsible for maintaining the confidentiality of any account information that you use to access any feature on the Website, and also for logging off of your Account and any protected areas of the Website. Further, you are fully responsible for all activities occurring under your Account that result from your failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorised conduct concerning your Account, you agree to contact Durise immediately. Durise will not be liable for any loss or damage arising from your failure to promptly notify us of such conduct.
Anti-money laundering regulations (including, without limitation, those applicable in the Cayman Islands) require that we obtain, verify and record information that identifies persons, entities or corporations seeking to open Accounts with us. You agree to provide Durise from time to time with all required information or documentation that permits us or agents acting on our behalf to perform Know Your Client checks on you. Any required information you provide to Durise may be subject to verification, including through the sharing of such information with third parties for this purpose. Your Account may be rejected, restricted or closed if Durise cannot verify required information.
Closing your Account
You may ask Durise to close your Account by emailing firstname.lastname@example.org . Closure of your Account will not affect any commitments to make investments that you may have made or any investment property listings that you may have posted on our Website and the terms and conditions relevant to such commitments or listings will remain in effect.
You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material which is unlawful, defamatory, abusive, threatening or any in way violates or infringes upon the rights of others, or which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violates any law or which, without the Durise's approval, contains any advertising or solicitation in respect to products or services. Any conduct that we consider restricts or inhibits another user from using or enjoying the Website will not be permitted.
By using this Website, you acknowledge that Durise has expended significant time and effort to gather and retain the portfolio of real estate investment offerings and agree for a period of three (3) years following the termination of the your Durise Account, not to contact, solicit, encourage or engage in discussions or negotiations with any of the real estate providers, agents or any other third party entities or individuals that have been introduced to you through Durise, either directly or indirectly, without our express written permission.
The Services provided on the Website in relation to real estate investments are available only to prospective investors who understand economic and investment risk and are willing to bear the consequences of that risk. By using this Website you warrant that you are familiar with and are willing to accept the risks associated with private real estate investments, that you have received and read the Risk Disclosure on the Website and understand, acknowledge and agree that the investments offered through the Website may be risky and that you understand such risk and are comfortable with losing up to the entirety of any investment made through the Website. You further acknowledge and understand that any investment through the Website will have less liquidity than other forms of investment and long term commitments and agree to be bound to any fixed term requirements in respect of particular investments through the Website.
Acting as agent
You understand, acknowledge and agree that none of the investment offerings listed on the Website have been approved or authorised by any financial services regulator in any jurisdiction. Durise is not regulated entity.
Commentary and other materials posted on the Website are not intended to amount to financial, legal or tax advice. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents.
Further, Durise, its affiliates, partners, representatives, shareholders, directors, officers, agents and employees:
Prospective investors are encouraged to seek independent legal, financial and tax advice.
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by law, we, our affiliates and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Electronic Delivery of Documents
You agree that Durise will provide you with an electronic copy of all documents and communications related to your Account, for example, commitment confirmations and closing confirmations. When documents related to your Durise Account are available, we will send a notice to the email address you have provided, and you will be able to view the documents at any time by visiting the Website and signing in to your Account.
Restricted Activities In connection with your use of the Website, your Account, or the Services, or in the course of your interactions with Durise, you agree that you will not:
Access and Interference
Much of the information on our Website is updated on a real-time basis and is proprietary or is licensed to Durise by third parties. You agree that you will not:
Actions We May Take
If you engage in any restricted activities, we may take various actions to protect Durise from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
Whether we decide to take any of the above steps, remove content, or refuse to provide Services, we do not monitor, and you agree we will not be subject to liability for monitoring, the Website.
Account Suspension or Restriction
Durise and our agents, employees, affiliates and suppliers provide the Services "as is" and without any warranty or condition, express, implied or statutory. Durise and our agents, employees, affiliates and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Durise does not guarantee continuous, uninterrupted or secure access to our Services, and operation of our Website may be interfered with by numerous factors outside of our control. In jurisdictions that do not allow the disclaimer of implied warranties, the disclaimers provided in this Section may not apply to you. This Section gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Third Party Data
To the fullest extent permitted under applicable law, Durise makes no representation or warranty, express or implied, with respect to any third party data provided to Durise or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Durise will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (i) any such inaccuracy, error, delay or omission, (ii) third-party non-performance, or (iii) interruption in any such third party data due either to any negligent act or omission by Durise or "force majeure" or any other cause beyond reasonable control of the Durise.
Processing of Payments
Durise will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner, but Durise makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays in the banking system.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed and enforced in accordance with the laws of the state of Delaware as they apply to agreements entered into and to be performed entirely within Delaware between Delaware residents, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. By your agreement to the Terms and your use of the Durise’ Service, you agree to submit to personal jurisdiction in Delaware for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter.
Unless otherwise agreed in writing by you and Durise, any dispute arising out of or relating to the Terms, 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 Delaware. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either Durise or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Any cause of action arising out of or related to the Service, and all products and services offered via the Durise Site or Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. You acknowledge and agree that you may bring claims against Durise only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.