Updated 6/15/2012
InvestRent ("the Service") is owned and operated by InvestRent LLC, a California limited liability company ("the Company"). By accessing or using the web site at www.InvestRent.com, including any subdomain thereof (the "Site"), you (the "User") signify that User has read, understands, and agrees to be bound by these Terms of Use ("Terms"), regardless of whether User is a registered member of the Service. In addition to these Terms, User may enter into other agreements with the Company or other parties that may govern User's use of the Service or related services. If there is any contradiction between theTerms and any other agreement the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies.

Changes to The Terms

The Terms may be changed from time to time. Any changes to the Terms will be posted on the Site and with the date of revision clearly indicated at the top of this page Terms. User understands and agrees that User's continued use of the Service or the Site shall constitute User's acceptance of the Terms and any revisions.

Eligibility

The Site is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Service or the Site, User represents and warrants that User is 18 or older and that User agrees to abide by all of the terms and conditions of these Terms. If User violates any of these Terms, or otherwise violates an agreement between User and the Company, the Company may, at its sole discretion, with or without notice, terminate User's membership. Termination of a User's membership includes the removal of any of the User's content and/or prohibiting User's access to the Service and Site.

Registration Data & Account Security

User agrees to (a) provide accurate, current, and complete information as requested by Service ("Registration Data"); (b) maintain the security of User's password and identification; (c) maintain and promptly update Registration Data in the case of any changes; and (d) be fully responsible for all use and actions of User.

Proprietary Rights in Site Content & Limited License

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Provided that User is eligible for use of the Site, User is granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for User's personal use, provided that User keep all copyright or other proprietary notices intact. Except for User's own User Content (as defined below), User may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Trademarks

InvestRent and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Representations

User shall represent, warrant and agree that no materials of any kind submitted through User's account or otherwise posted or shared by User through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. User further agrees not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, User agrees not to use automated scripts to collect information from the Service or the Site or for any other purpose. User further agrees not to use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, User agrees not to use the Service or the Site to:
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another user;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.


User Content Posted on the Site

Users are solely responsible for the photos, profiles, messages, notes, text, information, music, video, contact information for User or others, advertisements or other content that User uploads, publishes, provides or displays (hereinafter, "post") on or through the Service or the Site, or transmitted to or shares with other Users (collectively the "User Content"). It is against the Terms to contact members directly or to attempt to enter into any transactions with members outside of the Service. User understands and agrees that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of the Site, User automatically grants, and User represents and warrants that User has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. User may remove User's User Content from the Site at any time. If User chooses to remove User's User Content through written request to the Company's Designated Agent (as set forth below), the license granted above will not expire.

User may review information posted by other Users on the Site, but User is not authorized to disclose or otherwise use such information for any purpose other than for personal knowledge.

Copyright Complaints

If User believes that any material on the Site infringes upon any copyright which User owns or controls, User may send a written notification of such infringement to the Company's Designated Agent as set forth below:
  • Name of Agent Designated to Receive Notification of Claimed Infringement: Attention:
    • Legal Department
  • Full Address of Designated Agent to Which Notification should be Sent:
    • 407 18th Street, Huntington Beach, CA 92648
  • Telephone Number of Designated Agent:
    • (949)436-8750
  • E-Mail Address of Designated Agent:
    • legal@investrent.com
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • 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
  • 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.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, the memberships of members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Links to Other Web Sites and Content

The Site contains (or User may be sent through the Site or the Services) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If User decide to leave the Site and access the Third Party Sites, User do so at User's own risk and User should be aware that the Company's terms and policies no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which User navigates from the Site.

Consent to Electronic Transactions and Disclosures

Because InvestRent operates on the Internet, it is necessary for User to consent to transact business with us online and electronically. As part of doing business with us and Wells Fargo ("WF"), the Company also needs User to consent to the Company's giving User certain disclosures electronically, either via the Company's Site or to the email address User provides to the Company. By agreeing to the Terms, User agrees to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, User's registration as an investor on the Company's Site, whether the Company is acting in the capacity as trustee or property manager on User's behalf, the deposit of funds to WF and the payment of dividends. An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an "IRS Form 1099"). The decision to do business with us and WF electronically is that of the User's. This document informs User of User's rights concerning Disclosures.

Electronic Communications.

Any Disclosures will be provided to User electronically through InvestRent.com either on the Company's Site or via electronic mail to the verified email address User provided. If User requires paper copies of such Disclosures, User may write to us at the mailing address provided below and a paper copy will be sent to User at a cost of up to $5.00. If User does not consent to receive an IRS Form 1099 electronically when User agrees to these Terms or subsequently revokes such consent, a paper copy of any IRS Form 1099 required to be delivered to User after the effective time of User's failure to consent or revocation of consent will be sent to User at no cost. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. A request for a paper copy of any Disclosure will not be considered a withdrawal of User's consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. The Company may discontinue electronic provision of Disclosures at any time in the Company's sole discretion.

Scope of Consent.

User's consent to receive Disclosures and transact business electronically, and the Company's agreement to do so, applies to any transactions to which such Disclosures relate, whether between User and the Company or between User and WF. User's consent will remain in effect for so long as User is a User and, if User is no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while User was a User have been made.

Consenting to Do Business Electronically.

Before User decides to do business electronically with the Company or WF, User should consider whether User has the required hardware and software capabilities described below.

Hardware and Software Requirements.

In order to access and retain Disclosures electronically, User must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as internet explorer 6.0 or above or the equivalent software; and hardware capable of running this software. The Company recommends the latest versions of all browsers but is viewed best on FireFox, Chrome, and Safari.

Withdrawing Consent.

User may withdraw User's consent to receive Disclosures electronically by contacting us at the address below. However, once User has withdrawn User's consent User will not be able to access User's account information through the Company's Site. If User has existing shares on the Company's Site, the Company will offer such outstanding shares to the Company's investors for sale. If User's shares have already been sold, all previously agreed to terms and conditions will remain in effect, and the Company will send dividends owed to User as scheduled to User's verified bank account or to the designated address provided in User's account profile. For additional information, please review the Series LLC Agreement or contact the Company directly at support@investrent.com.

If User withdraws User's consent to receive IRS Forms 1099 electronically, such withdrawal will take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year.

How to Contact Us regarding Electronic Disclosures.

User can contact the Company via email at support@investrent.com or by calling the Company at (949) 436-8750. User may also reach the Company in writing at the following address: InvestRent LLC, 407 18th Street, Huntington Beach, CA 92648, Attention: Compliance.

User will keep the Company informed of any change in User's email or home mailing address so that User can continue to receive all Disclosures in a timely fashion. If User's registered email address, residence address and telephone changes, User must update User's account profile or email us at support@investrent.com.

User will print a copy of this Agreement for User's records and User agrees and acknowledges that User can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

User Disputes

User is solely responsible for User's interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between User and other Users.

Privacy

Please review the Site's Privacy Policy. By using the Site or the Service, User is consenting to have User's personal data transferred to and processed in the United States.

Disclaimers

The Company does not guarantee the accuracy of any User Content or Third Party Content. Although the Company provides rules for User conduct and postings, the Company does not control and is not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content User may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Forward-Looking Statements:

Investment offering or prospectus material ("Offering") contains forward-looking statements. In some cases User can identify forward-looking statements by forward-looking words such as "believe," "may," "will," "estimate," "continue," "anticipate," "intend," "could," "would," "project," "plan," "expect" or the negative or plural of these words or similar expressions. Forward-looking statements include, but are not limited to, statements concerning the Company, risk factors, plans and projections.

User should not rely upon forward-looking statements as predictions of future events. Forward-looking statements are subject to a number of risks, uncertainties and assumptions, including those described in the "Risk Factors" within the Offering. In light of these risks, uncertainties and assumptions, forward-looking events and circumstances discussed in the Offering material may not occur and actual results could differ materially and adversely from those anticipated or implied in forward-looking statements.

User should read the Offering material and the sources that the Company references in the Offering material with the understanding that the Company's actual future results, levels of activity, performance and events and circumstances may be materially different from what the Company expects.

Except as required by law, neither the Company nor any other person assumes responsibility for the accuracy and completeness of forward-looking statements. The Company undertakes no obligation to update publicly any forward-looking statements for any reason after the date of any Offering to conform such statements to actual results or to changes in the Company's expectations.

Neither the SEC nor any state securities commission or regulatory authority approved, passed upon or endorsed the merits of any Company Offering.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will the company or its directors, employees or agents be liable to user or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from userís use of the site or the service or any of the site content or other materials on or accessed through the site, even if the company is aware or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, to the extent permitted by applicable law the company's liability to user for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by user to the company for the service during the term of membership. In no case will the company's liability to user exceed $1000. user acknowledge that if no fees are paid to the company for the service, user shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the company, regardless of the cause of action.

In addition, certain federal and state laws do not allow the exclusion or limitation of certain damages or limitations on implied warranties. If these laws apply to user, some or all of the above disclaimers, exclusions or limitations may not apply to user, and user may have additional rights.

Governing Law & Venue and Jurisdiction

By visiting or using the Site and/or the Service, User agrees that the laws of the State of California and/or Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. If User enters into an agreement with the Company, the terms of the agreement will be governed by federal laws, the laws of the State of California and/or Delaware to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

Indemnity

User agrees to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with User's User Content, any Third Party Content User posts or shares on or through the Site, User's use of the Service or the Site, User's conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms or of any law or the rights of any third party. The previous sentence shall not apply to any extent to Users while acting as a member in connection with their (i) posting of User Content or (ii) use of the Site or Service.

Submissions

User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by User to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to User.

Other

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us via Email or by phone at (949)436-8750.