Last updated: Feb 03, 2023
These (as updated from time to time as set forth herein, these “Terms”) set forth the legally binding terms and conditions for use of services provided by HomebaseDAO, Inc. (“we,” “us,” “our,” “Homebase” or “HomebaseDAO”), as well as our affiliates and subsidiaries, and our website (the “Site”), and/or other platform(s), and from your interactions with us and personal information we may collect offline, including any collection through third parties in conjunction with our services (collectively, the “Services”) by you and all other users or visitors of the Services (each, a “user,” “you” or “your”). The Services are available for residents of the United States only in the states where we or our authorized broker-dealer(s) are registered.
Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than a jury trial or class action lawsuit.
- Acceptance; Privacy Policy. You must be 18 years or older to use the Services. You acknowledge that, by accessing, registering for and/or using, or continuing to access or use, the Services in any manner, you (a) are at least 18 years old and have the right, authority and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; (b) agree to and accept these Terms, which also incorporate by reference our Privacy Policy (the “Privacy Policy”), each of which may be updated from time to time without notice to you as further set forth herein or therein; (c) if these Terms have materially changed since you last access or used the Services, acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the these Terms as changed; and (d) consent to receive communications from us electronically, and agree that such electronic communications, notices and/or postings satisfy any legal requirements that such communications be in writing.
- DISCLAIMER REGARDING INVESTMENTS AND RELATED CONTENT FOR REAL ESTATE ASSETS.
- Disclaimer. Nothing contained in the Services, including, without limitation, any Homebase Content (as defined below), constitutes investment, financial, accounting, tax or legal advice or should be considered an offer, solicitation of an offer or advice to buy or sell securities. Any decisions based on the information contained in the Services are the sole responsibility of the user of the Services. The securities made available through or discussed on the Services, representing interests in various real estate assets, may not be suitable for all investors. Homebase makes no representations that such securities are available to or appropriate for investors or users in all jurisdictions or locations, nor that any investment vehicle is available or suitable for any particular user or purpose. All users accessing the Services do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
For the avoidance of doubt, Homebase does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Homebase may provide educational information about digital assets (including a virtual currency or virtual commodity), which are a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network (“Digital Assets”) in order to assist users in learning more about such Digital Assets and related technologies. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Homebase does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Homebase will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Homebase.
- Acknowledgement of Risks. Investing involves risk, including market risks and macro conditions such as inflation and political and economic risk, and investments may lose value. Before investing, consider your investment objectives, financial resources, experience and risk tolerance and fees related to investing through the Services. Past performance does not guarantee future results. Investment outcomes and projections are hypothetical in nature and cannot be guaranteed. Investing in real estate assets, and in securities representing interests in real estate assets, may involve higher risks than other investments and may have different financial and/or tax implications.
- By using the Services, you represent and warrant that, with respect to making, or the decision to make, an investment in any security made available on or through the Services:
- You have read and understand the discussion of risks herein, and are aware of the risks of any investment in real estate assets or securities representing interests in real estate assets;
- You will use your own judgment before making any decision to invest any amount of money in any security made available on or through the Services;
- You are solely responsible for complying with applicable law regarding any transaction, including, without limitation, the determination of whether any investment complies with the terms of local law (whether the law of a U.S. state, or the law of any foreign government with jurisdiction over you);
- You will obtain professional advice as is appropriate to protect your interests, including any legal, accounting, financial or other relevant advice;
- You understand that Homebase is not acting as an investment advisor or similar in relation to securities made available on or through the Services, is not providing any advice related to such securities and is not, and will not be, in any way responsible for the success or failure of any investments made on or through the Services; and
- You are not relying upon any person or entity other than the underlying issuer of an investment.
- License; Accessing the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services for your personal, noncommercial use. It is a condition of your use of the Services that the information you provide in connection with using the Services is correct, current, and complete. Your use of the Services is at your own risk. Any rights not expressly granted herein are reserved by Homebase and its licensors. You are responsible for making all arrangements necessary for you to access the Services. To use the Services, you may need and are responsible for having compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply, e.g., your carrier’s normal rates and fees, such as data charges and text messaging, will still apply). The Services’ performance may be affected by these factors. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
- Definitions
For the purpose of clarity and understanding, the terms listed below shall have the following meaning:
“Services” – access to the digital platform that allows you to purchase, store and transfer Homebase Security Tokens, and to exercise some of the rights arising from your ownership of such tokens, including dividend rights and voting rights.
“Homebase Security Token” – a blockchain asset that represents a fraction of the ownership in an LLC that holds real estate objects managed by HomebaseDAO, Inc.
“Solana” – is the underlying blockchain infrastructure that HomebaseDAO, Inc utilizes to provide its Services.
- No Guarantee of Service. Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove and/or disable access to any Service and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for the discontinuance, modification, suspension or removal of, or disabling of access to, any such Service at any time and/or for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or all Services, to registered users.
- Account Registration. Some or all of the Services, and certain features or functionalities, may require that you register for an account with us. When you do, we may ask you to provide certain registration details, such as your email address or other information about yourself. In the event Homebase provides the option to register for the Services through your account on a third-party platform (such as Apple or Google), you authorize Homebase to access such account as permitted under the applicable terms and conditions that govern your use of such account (including accessing and using your account credentials and other information shared from the third-party platform account as authorized by you). All such information is subject to our Privacy Policy. You agree that the information that you provide us about yourself upon registration is true, accurate, current and complete. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself; permit anyone else to use your account; or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any or no reason.
- Consent to Access, Processing and Storage of Your Personal Data & Identity Verification. During registration for your account, or at any other time deemed necessary by Homebase, you agree to provide us with the information we request for the purposes of identity verification, providing the Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing the Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Homebase or its service provider for as long as you have an account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for more information on how we process your personal data and the rights you have in respect of this.
- Account Security. Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose such credentials to any third party. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a cafe or public library, so that others are not able to view or record your access credentials or other personal information. If you suspect that your Homebase account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Homebase (collectively a “Security Breach”), you must notify Homebase immediately at [email protected] and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Homebase will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
- Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Homebase. Always log into your Homebase account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
- Hosted Digital Asset Wallet. As part of your use of the Services and creation of an account with us, Homebase will provide qualifying users: (i) hosted Digital Asset wallet(s) (a “Digital Asset Wallet”), each of which is an account for holding Digital Assets supported by the Services (“Supported Digital Assets”). Your Digital Asset Wallet allows you to store, track, transfer, and manage your balances of Supported Digital Assets. We securely store Digital Asset private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate the Services in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Assets. Your Digital Asset Wallet is intended solely for proper use of Supported Digital Assets as designated on the Site. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive any assets other than Supported Digital Assets. Homebase assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with Digital Assets that we do not support. You acknowledge and agree that Homebase is not liable for any unsupported Digital Asset that is sent to a wallet associated with your account. Homebase may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before Homebase terminates its support for such Digital Asset, then Homebase may, in its discretion, remove such Digital Asset from your Digital Asset Wallet and credit your Digital Asset Wallet the equivalent market value of a Supported Digital Asset or fiat currency minus transaction costs.