Effective Date: April, 2021
2. Limitations on Your Use of the Website. You agree that in your use of the website: (a) You may not intentionally post, create, upload or transmit any code, software or other material which contains a virus or other harmful code or device; (b) You will not impersonate any other person or use a false identity (the name of some other person or entity); (c) You are responsible for all postings or other activity performed using your username and password (if applicable); (d) You will not access or attempt to access any area or section of this website that is restricted and to which you have not explicitly been granted access; (e) You will not take any action designed to interfere with the operation of this website.
4. Website Is Provided AS-IS. THE WEBSITE IS PROVIDED AS-AVAILABLE AND AS-IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY DISCONTINUE OR ALTER ALL OR A PORTION OF THE WEBSITE AND ANY RELATED SERVICES OR OFFERINGS, AT ANY TIME WITHOUT NOTICE. WE MAY ALSO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON. IN THE EVENT THE WEBSITE CONTAINS ANY NUMERICAL OR CLERICAL ERRORS OR TYPOS, INACCURATE OR OUTDATED INFORMATION, OR OTHER ERRORS, WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS AND ARE NOT REQUIRED TO HONOR ANY SUCH INFORMATION OR DATA PROVIDED IN ERROR. ALTHOUGH THE WEBSITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES OR SERVICES, WE ARE NOT RESPONSIBLE OR LIABLE FOR SUCH THIRD PARTY ITEMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE AND/OR ANY FAILURE OF OR DEFECT WITH THE WEBSITE OR INFORMATION OR CONTENT ON THE WEBSITE, OR FOR ANY ACT OR OMISSION BY US RELATED TO THE WEBSITE AS WELL AS ANY RESULTING ALLEGED INJURY OR DAMAGE, IS FOR YOU TO STOP USING THE WEBSITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF US (INCLUDING OUR OWNERS, EMPLOYEES, AFFILIATES, OR VENDORS) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR ANY RELATED SERVICES OR OTHER ITEMS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
IF ANY OF THE ABOVE OR BELOW LIMITATIONS OR DISCLAIMERS OR ANY OTHER TERM IN THIS AGREEMENT ARE NOT PERMITTED IN ANY PARTICULAR STATE OR JURISDICTION, THEN SUCH ITEM IS DEEMED AMENDED AS MINIMALLY NECESSARY FOR LEGAL COMPLIANCE, OR IF AMENDMENT IS NOT POSSIBLE THEN SUCH ITEM IS DEEMED DELETED AND THE REMAINDER OF THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT.
5. GENERAL INFORMATION. NO INVESTMENT ADVICE.
THE INFORMATION AND CONTENT ON THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. FINANCIAL PRODUCTS DESCRIBED ON THIS WEBSITE MAY NOT BE APPROPRITE FOR YOU. THE GENERAL INFORMATION ON THIS WEBSITE MAY NOT BE RELEVANT TO YOUR PARTICULAR CIRCUMSTANCES; WE ENCOURAGE YOU TO SEEK YOUR OWN PROFESSIONAL ADVICE AND MAKE YOUR OWN DECISIONS REGARDING WHAT FINANCIAL PRODUCTS MAY OR MAY NOT BE APPROPRIATE FOR YOU. THE CONTENT WAS DEVELOPED FOR USE IN THE U.S. NEITHER OUR CONTENT PROVIDERS NOR WE MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
WE ARE NOT PROVIDING INVESTMENT ADVICE THROUGH THE WEBSITE, AND THE MATERIAL ON THE WEBSITE SHOULD NOT BE REGARDED AS AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY SECURITIES OF FUNDAMENTAL INCOME OR ANY OF ITS AFFILIATES. IF YOU DECIDE TO USE ANY MATERIAL AVAILABLE ON THE WEBSITE IN ASSESSING WHETHER TO BUY OR SELL FINANCIAL PRODUCTS DESCRIBED ON THIS WEBSITE, PLEASE BE AWARE THAT THE MATERIAL ON THE WEBSITE REFLECTS PAST PERFORMANCE AND HISTORICAL INFORMATION ONLY, AND THAT SUCH PERFORMANCE AND INFORMATION IS NOT NECESSARILY AN INDICATION OF FUTURE PERFORMANCE.
YOUR RELIANCE UPON GENERAL PURPOSE INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NEITHER OUR CONTENT PROVIDERS NOR WE ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE, LOSS OR INJURY TO YOU, OTHER PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA OR INSTRUCTION CONTAINED IN THE WEBSITE.
7. Notice of Infringing Images or Content: DMCA Notice. If you believe in good faith that any photos, images, text, or other content appearing on this website infringes any copyright or other intellectual property right owned by you, please send a notice to:
Fundamental Income Properties, LLC
2425 E Camelback Road, Suite 700
Phoenix, AZ 85016
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
8. Trademark Notice. Fundamental Income’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Fundamental Income. All rights are reserved. You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.
While we take measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to us, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the website. You agree that Fundamental Income is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
12. Jurisdiction and Venue. This website is controlled and operated within the United States, and is not intended to subject Fundamental Income to any the law or jurisdiction outside of the United States. This website does not constitute any contract with any jurisdiction outside the State of Arizona. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. This Agreement is entered into and performed in the State of Arizona, United States of America. It is governed by and shall be construed under the laws of Arizona, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the personal jurisdiction of the federal and state courts located in Phoenix, Arizona. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us or the Service Providers in your individual capacity only, and you will not participate in any collective or so-called “class” action against Fundamental Income or any of the Service Providers.
13. Website Accessibility. We are committed to providing meaningful access to the information and content on this website to individuals regardless of ability or disability. If you are having difficulty using the functionalities of this website please contact our customer service telephone number at 480-618-0250 or email us at email@example.com
If any of the provisions of this Agreement are held unenforceable or overbroad by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. You agree to bring any and all claims involving us or the Service Providers within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. Contact Information. You agree that we may provide any and all notices to you by e-mail, telephone, cell-phone, text message, as well as by any other method.
You may contact us at:
Fundamental Income Properties, LLC
2425 E Camelback Road, Suite 700
Phoenix, AZ 85016