Our website can be accessed from the domain name: www.buildx.us.
To access certain features of the Site or to post content on the Site you must register to create an account (“Account”). You must complete the registration process by providing us with current, complete, and accurate information. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
Reviewing, Changing or Correcting Information
The securities offered on this Site may only be purchased by certain eligible investors. Eligible individuals are Accredited Investors, as defined in Rule 501 of Regulation D under the Securities Act of 1933 (“Regulation D”), and those who are not U.S. Persons, as defined in Rule 902(k) of Regulation S under the Securities Act of 1933 (“Regulation S”). These eligible individuals are permitted to access certain offers for the sale of securities of private companies that have not been registered with the Securities and Exchange Commission. These securities are not freely traded (restricted), illiquid (no market for you to sell), and are categorized as high-risk investments. There is no guarantee of any return on your investment and investors should not invest in any offering on the Site if you cannot afford the risk of losing your entire principal amount. Before you can view and invest in any of the offerings listed on the Site, you represent and warrant that you are an accredited investor as defined in Regulation D or that you are not a U.S. Person as defined in Regulation S. We will ask you to identify the category for which you qualify.
YOU MUST BE AN ACCREDITED INVESTOR OR NON-U.S. PERSON BEFORE VIEWING ANY INVESTMENT OPPORTUNITIES. WE ARE ENTITLED TO RELY UPON YOUR REPRESENTATION. YOU WILL IMMEDIATELY NOTIFY US OF ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION OR IF YOU DO NOT QUALIFY OR CEASE TO QUALIFY AS AN ACCREDITED INVESTOR OR NON-U.S. PERSON FOR ANY REASON.
You acknowledge and agree that the foregoing provisions shall be automatically amended to match the definition of “accredited investor” and “U.S. Person” as defined in Regulation D and Regulation S, respectively, if such definitions are amended after the date hereof.
You may be able to register with us through your account with certain third-party social networking services, including LinkedIn or other approved sites (collectively, “SNS”). When you register through your SNS account, you will be asked to login to the Site using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing us to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Site via such SNS. Members have the option to disable the connection between their Account with us and their SNS account at any time by notifying us at email@example.com.
You represent and warrant that all information that you provide to us or through the Site is accurate, complete, and truthful. You acknowledge and agree that we and our agents are entitled to rely upon the information you provide as true, accurate, and complete without verification. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be untrue, inaccurate, or incomplete.
We grant you a limited, revocable, non-exclusive, non-transferable license to view, copy, and print content on the Site for personal, non-commercial purposes. We grant the operators of public search engines a limited, non-exclusive, non-transferable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. We reserve the right to terminate or limit your access to the Site or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter, or interfere with the use, features, functions, operation, security, or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner.
You are prohibited from posting or transmitting any material on or through the site that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the Site.
Digital Millennium Copyright Notice
We respect the intellectual property of others and ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
- Identification of the copyrights claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
- Identification of the material that is claimed to be infringing the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
- 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, agent, or by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement: WeBuild Management LLC
Postal Address: 299 Broadway, Suite 200, New York, NY 10007
E-mail address: firstname.lastname@example.org
You acknowledge, accept, and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property rights are being infringed should be sent to email@example.com. We may, in our sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
You agree that we may send communications to you via your mailing address, email, telephone, or facsimile number provided by you on your Account. You agree to notify us of any changes in your address or contact details. We may also deliver information verbally. Communications will be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.
Change or Termination
Disclaimer of Liability
We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. We neither represent, warrant, covenant, guarantee, nor promise 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. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Electronic Communication Privacy Act Notice (18 U.S.C 2701-2711): We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. We 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 our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, guarantee that any Investor is actually an Accredited Investor (as defined above), or that any content or information provided on this Site is true, correct, complete, or viable.
Although we may from time to time monitor or review discussions, postings, transmissions, and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site. We reserve the right to remove any content from the Site or to restrict access to the Site for any reason without notice.
We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, nations other than those of the United States. If you are located outside of the United States, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.
The content, material and information contained on the Site does not constitute an offer or solicitation and may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation: (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on this Site can only be marketed in certain jurisdictions only. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. The content provided on this Site does not constitute an offer or solicitation to sell securities referred to on this Site, by anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. Applications to invest in any offering referred to on this Site must only be made on the basis of the offering document relating to the specific investment and through a registered entity.
This site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you. You should satisfy yourself before accessing the Site that we would be allowed to advertise investment products to you under the law of the jurisdiction in which you reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which you reside. The securities described on this site are not registered under the Securities Act of 1933.
In the event of any claim, controversy, or alleged dispute between you and us or our members, officers, agents, or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim, or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) to be held in New York, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g., confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof.
You agree that all Disputes will be limited between you, individually, and us. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class- action basis.
Notwithstanding the foregoing, you agree that the following matters shall not, at our election, be subject to binding arbitration: (1) any Dispute related to or arising from allegations of criminal activity; (2) any Disputes concerning our intellectual property rights; and (3) any claim for injunctive relief. All arbitration proceedings will take place in New York County, New York, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within New York County, New York, United States of America. Each party hereby waives any claim that such venue is improper or inconvenient.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement, or compromise negotiations, as requested by us.