Terms of Service
Effective as of June 22, 2017
This is a legal agreement (“Agreement”) between you (referred to herein as “you” or “your”) and 506 Group, LLC (referred to herein as “506 Group”, “Company”, “we” or “our”). These Terms of Service govern your access and use of the Site (defined below) and all publicly available content, services and/or products provided through the Site (collectively, the “Services”).
By accessing any of the websites associated with Company, including, but not limited to, http://www.506investorgroup.com (individually or collectively, the “Site”), and providing information required by Company in connection with the Services accessible through the Site (“Registering”), you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site and/or the Services. Visitors to the Site and Users of the Services are referred to herein individually as “User” and collectively as “Users”.
You acknowledge that 506 Group is not a registered broker-dealer, investment advisor or crowdfunding portal and does not engage in any conduct that would require such registration.
BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND ALL OTHER POLICIES AND PROCEDURES POSTED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY SUCH AGREEMENTS, THEN YOU MUST IMMEDIATELY CEASE ACCESS, BROWSING OR OTHERWISE USE THE SITE OR THE SERVICES.
2 Changes to the Terms
We may make changes to these Terms from time to time. If we do this, we will post the changed Terms on the Site and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms.
The Services are intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Services, you represent and warrant that you are 18 or older and that you agree to and abide by all of the terms and conditions of these Terms. If you violate any of these Terms, or otherwise violate an agreement between you and us, or for any other reason, the Company may terminate your Registration, delete your User ID (defined below) and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Services), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. You agree that the 506 Group will not be liable to you or any third party for any termination of your account.
General Registration Requirements of Eligible Users
In order to access certain features of the Services, including posting content on the Site, you must register to create an account (“Account”) and meet certain criteria. You must complete the registration process by providing us with current, complete and accurate information. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You will also choose a password and a user name (the “User ID”). 506 Group reserves the right in its sole discretion to refuse registration of or cancel a User ID at any time. You are solely responsible for maintaining the confidentiality of your password and account. You agree to notify 506 Group immediately in writing 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. You acknowledge and agree that you are liable for any damages or losses to 506 Group and other Users by any use of your Account, either authorized or unauthorized. You agree that your Account will be self-directed or directed on your behalf by your designated investment advisor and that you are solely responsible for all investment decisions.
Although the Services may provide data, information or content provided by third-parties or us relating to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any offering. Any decision to invest shall be based solely on your own consideration and analysis of the risks involving a particular offering and is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your principal. We have no special relationship with or fiduciary duty to you and your use of the Site or the Services does not create such a relationship. You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the companies posted on the Site. You are strongly advised to consult a licensed legal professional, investment advisor, or real estate professional, for any legal, tax, insurance, or investment advice as the Services do not provide any of the foregoing advice or recommendations or provide any due diligence.
5 Prohibited Conduct
You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:
- use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
- attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- use the site or Services to introduce referral links or codes for joining platforms or other third-party sites;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Maillist, Listserv, or any form of auto-responder or “spam” on the Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Site, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by 506 Group any of its affiliates or any third parties;
- use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- make any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of this Site; or
- use the Site or Services for any commercial purpose whatsoever other than for your personal use, including (without limitation) soliciting other users for investments of any kind, offering or selling any products or services of any kind, and making investment recommendations to other users.
6 User Generated Content (“UGC”)
The Site and Services may allow you and other Users to submit, post, transmit and share comments or materials on or through the Site (“UGC“). You are solely responsible for UGC that you post, transmit, or share on or through the Site, as well as for any actions taken by 506 Group or other Users as a result of your UGC. You agree and understand that you may be exposed to UGC posted by others that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that 506 Group makes no representations or warranties regarding UGC and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to UGC. You hereby waive any legal or equitable rights or remedies you have or may have against 506 Group with respect to UGC posted by you or others. 506 Group has no obligation to monitor, review, control, or guarantee the accuracy or confidentiality of UGC. However, 506 Group reserves the right at all times (but will not have an obligation) to remove or edit any UGC in its sole discretion, with or without notice. Without limiting the generality of the preceding sentence, 506 Group complies with the Digital Millennium Copyright Act, and will remove UGC from the Services upon receipt of a compliant takedown notice, as further described below. You represent and warrant that all information that you provide to 506 Group or through the Website is accurate, complete and truthful. 506 Group and its affiliates and agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You retain all right, title, and interest in your UGC. By posting, transmitting, or sharing your UGC on or through the Site, you hereby (i) grant to 506 Group and its affiliates, sublicensees, partners, designees, and assignees, a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your UGC and derivatives thereof for any purpose and in any media form, and (ii) grant to other Site users a non-exclusive license to access or otherwise use your UGC for personal or commercial use. You hereby affirm, represent, and warrant that: (i) you either own the UGC or have the necessary licenses, rights, consents, and permissions to grant the rights and license set forth herein, and (ii) the UGC or any use of the UGC pursuant to this Agreement, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property or proprietary right; (b) violate any applicable laws, rules, or regulation (including, without limitation, United States federal and state securities laws); or (c) require 506 Group to obtain a license from or pay fees or royalties to any third party. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
By posting UGC, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms and applicable laws and will not cause injury to any person or entity.
7 Removal of Content
You can seek removal of objectionable UGC, and lodge complaints against particular users, by contacting us at [email protected]. We will endeavor to review such requests and to remove UGC and users that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from the Services may remain on back-up servers.
Digital Millennium Copyright Act Compliance:
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing 506 Group’s Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- 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 on the Services are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit 506 Group to locate the material;
- Information reasonably sufficient to permit 506 Group to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to Section 512(c)(2) of the Copyright Act, 506 Group designates the following agent to receive notifications of claimed infringement: 506 Investor Group, LLC, 118 S Main St,
Salisbury, NC 28144; [email protected]. For the avoidance of doubt, only DMCA notices should go to 506 Group’s Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Although we do not claim ownership of UGC you post using the Services, the Feedback you provide to us through the Services will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
9 Linked Sites
506 Group may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, 506 Group may remove and discard any of your account information or data from our Services and any other records at any time in our sole discretion, and such materials and content may no longer be accessible by you. 506 Group will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that 506 Group will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
11 No Professional Advice Provided
None of the information contained on the Site or provided through the Services constitutes a recommendation, solicitation or offer by 506 Group, its affiliates or third-parties to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. All information contained in the Site and Services has been prepared without reference to any individual User’s investment requirements or financial situation. The Services are not provided to, and 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, regulatory or self-regulatory organization or clearing organization, or where 506 Group is not authorized to provide such information or services. Some Services may not be available in all jurisdictions or to all clients. The Services and all content, services and features available through the Services are intended for informational purposes only. They are not intended to substitute for professional investment, financial or legal advice.
YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON 506 GROUP OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES IN MAKING AN INVESTMENT DECISION. ALWAYS CONSIDER SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS REGARDING YOUR BUSINESS AND/OR INVESTMENTS. 506 GROUP DOES NOT ENDORSE ANY INVESTMENTS AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT 506 GROUP AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
506 Group is not a registered broker-dealer, funding portal, investment adviser or investment manager, and does not offer investment advice or advise on the raising of capital through securities offerings. 506 Group does not recommend or otherwise suggest that any investor make an investment in a particular offering, or that any issuer offer securities to a particular investor. Users acknowledge and agree that 506 Group makes no representation, warranty or assurance that any offering discussed on the Site is made in accordance with Federal and/or state securities law, including the exemption to the sale of unregistered securities, or the legality of any offerings therein.
12 User Interactions and Disagreements
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. YOU AGREE THAT 506 GROUP AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. Furthermore, if you provide any investments, information, advice or services to other Users through the Services, you acknowledge that you are not affiliated with, or controlled or influenced in any way by, 506 Group or its affiliates. If you have a dispute with one or more Users, you irrevocably and forever release 506 Group (and 506 Group’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13 Notice of Security Breach.
In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by 506 Group, you shall immediately (i) notify 506 Group of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by these Terms at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform 506 Group of the results of such investigation, (c) assist 506 Group using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist 506 Group as reasonably necessary to enforce 506 Group’s rights and to enable 506 Group to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
You agree to defend, indemnify, and hold harmless 506 Group and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this Terms and/or arising from a breach of your representations and warranties set forth herein and/or if any material you post using the Services causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide use with such reasonable cooperation and information as we may request.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, THE CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 506 GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not represent or warrant that the Services, including the Site, its servers, or any transmissions sent from us or through the Services will be free of any harmful components (including viruses). Further, the Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. 506 Group 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. 506 Group 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 506 Group be responsible for any loss or damage, including any loss or damage to any User Generated 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.
506 GROUP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED 506 GROUP AGENTS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF 506 GROUP. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
16 Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY OF 506 GROUP OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
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 YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17 Choice of Law; Arbitration
By visiting or using the Site and/or the Service, you agree that the laws of the State of 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. By agreeing to the Terms and using the Website and the Service, you agree to submit to personal jurisdiction in North Carolina for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, 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. Notwithstanding the foregoing, either 506 Group or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
18 Entire Agreement
19 Miscellaneous Terms
21 Contacting Us
If you have any questions about this Site, Services or these Terms, please contact us using the following information:
506 Investor Group, LLC
118 S Main St,
Salisbury, NC 28144