BY USING THE CRIB EQUITY PLATFORM, INVESTOR AGREES THAT INVESTOR HAS READ AND UNDERSTANDS, AND AGREES TO BE BOUND BY, THE INVESTOR TERMS, WHICH SHALL BE EFFECTIVE AND BINDING ON INVESTOR AS IF INVESTOR HAD SIGNED THIS DOCUMENT WITH PEN AND INK.  IF INVESTOR DOES NOT AGREE WITH ALL OF THESE INVESTOR TERMS, THEN INVESTOR IS EXPRESSLY PROHIBITED FROM USING THE CRIB EQUITY PLATFORM AND INVESTOR MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, at our sole discretion, to change or modify portions of the Investor Terms without prior notice.  If Crib Equity  does this, it will post the changes on this page and will indicate at the top of this page the date the Investor Terms were last revised.  The revised Investor Terms will become effective at the time of posting, and Investor’s continued use of the Platform after such time will constitute Investor’s  acceptance of the revised Investor Terms.

Please read Crib Equity’s privacy policy, available at https://investor.cribequity.com/privacy, for a full description of how Crib Equity will collect, use, and share information about you.  Investor may view these documents through thelink here or on the Crib Equity Platform at the Privacy Policy page.

In utilizing the Platform and agreeing to the Investor Terms, Investor agrees to provide and maintain true, accurate, current, and complete information as prompted by the Platform’s registration form.  Registration data, and certain other information about Investor, are governed by Crib Equity’s Privacy Policy, available at https://investor.cribequity.com/privacy.

1. Accurate user information.

By using the Platform, Investor represents and warrants that: (1) all registrationinformation Investor submits at the time of submission is and will be true, accurate, current, and complete; (2) Investor will maintain the accuracy of such information and promptly update such registration information as necessary; (3) Investor has the legal authority necessary to agree to these Investor Terms (and any subsequent agreement between Crib Equity and Investor) and Investor agrees to comply with these Investor Terms;  (4) Investor will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise; (5) Investor will not use the Platform for any illegal or unauthorized purpose; and (6) Investor’s use of the Platform will not violate any applicable law or regulation.

If Investor provides any information that is untrue, inaccurate, not current, or incomplete, Crib Equity has the right to suspend or terminate Investor’s Crib Equity Platform account (the “Platform Account”) and refuse any and all current or future use of the Platform (or any portion thereof).

2. Platform Account Security.

By using the Platform, Investor further represents and acknowledges that Investor is responsible for the security of Investor’s profile and that Investor will take all necessary steps to maintain the confidentiality of Investor’s password, including notifying Crib Equity if Investor’s Platform Account and/or password is compromised.  Investor is fully responsible for all activities that occur through the use of Investor’s credentials.  Investor is solely and fully responsible for all use of Investor’s  Platform Account and for any actions that take place using Investor’s  Platform Account or under Investor’s username and password. Investor agrees that Crib Equity will not be responsible for any losses or damages arising out of the unauthorized use of Investor’s  Platform Account.

3. Acknowledgements regarding Crib Equity’s Platform.

1. No investment advice.

On Crib Equity’s Platform, Investor and only Investor will make any and all determinations regarding Investor’s activity through the Platform, including but not limited to determining the amount Investor wishes to invest and the duration of Investor’s participation on the Platform.  Investor will have the ability to set parameters for Investor’s potential Homebuyer matches, including but not limited to: credit worthiness; geographic area; minimum and/or maximum down payment the Homebuyer intends to make; and the minimum and/or maximum payment percentage.  While Crib Equity may offer preset criteria options on its Platform, Investor acknowledges that such preset criteria do not represent or constitute Crib Equity’s recommendation regarding any investment strategy and may not be tailored to Investor or Investor’s goals.  Any determination to invest, and any determination regarding the parameters Investor chooses to set – including choosing among any preset criteria options offered by Crib Equity – are Investor’s own.  Crib Equity does not engage in business practices that discriminate on the basis of race, color, religion, national origin, sex, marital status, age, or any other bases prohibited by law.

ACCORDINGLY, INVESTOR REPRESENTS AND ACKNOWLEDGES THAT CRIB EQUITY DOES NOT PROVIDE, IS NOT PROVIDING, AND WILL NOT PROVIDE INVESTMENT OR OTHER ADVICE WHATSOEVER,UNLESS SEPARATELY AGREED TO IN WRITING AND SIGNED BY CRIB EQUITY; CRIB EQUITY MERELY CREATED AND SUPPLIES A PLATFORM TO MATCH HOMEBUYERS AND INVESTORS. THE PLATFORM IS NOT AN EXCHANGE, AND DOES NOT FACILITATE THE TRADING OF ANY ASSETS, SUCH AS, BUT NOT LIMITED TO, SECURITIES.

INVESTOR REPRESENTS AND ACKNOWLEDGES THAT INVESTOR IS RESPONSIBLE FOR ITS OWN FINANCIAL DECISIONS.  Investor is responsible for all financial decisions Investor makes on the Crib Equity Platform.  Crib Equity’s services are offered to Investor upon the express condition that Investor will fully evaluate Investor’s  own financial circumstances, the terms of any services associated with the Platform, specifically including, but not limited to, investments in residential real estate available through the Platform, and is fully responsible for Investor’s own financial decisions.  Only Investor can consider Investor’s financial situation and circumstances.  Investor agrees to undertake any action utilizing the Platform only after Investor has  determined it is the right decision for it.  

In the event Investor would like to obtain financial guidance or advice, Investor should enter a separate agreement with a financial advisor, accountant, or other qualified advisor.CRIB EQUITY IS NOT A FINANCIAL ADVISOR, HAS NOT REVIEWED INVESTOR’S FINANCIAL SITUATION, AND DOES NOT ATTEMPT TO UNDERSTAND INVESTOR’S FINANCIAL SITUATION. 

INVESTOR FURTHER REPRESENTS AND ACKNOWLEDGES THAT CRIB EQUITY IS NOT A LENDER OR CREDITOR, NOR A GENERAL AGENT OF EITHER INVESTOR, ANY OTHER INVESTOR, OR A HOMEBUYER. CRIB EQUITY’S SERVICES ARE ONLY ADMINISTRATIVE IN NATURE, UNLESS SEPARATELY AGREED TO IN WRITING AND SIGNED BY CRIB EQUITY.

2. No independent verification of Homebuyer information

INVESTOR REPRESENTS AND ACKNOWLEDGES THAT, TO THE EXTENT INVESTOR IS MATCHED WITH A HOMEBUYER, CRIB EQUITY HAS NOT VERIFIED THE HOMEBUYER’S INFORMATION; HOMEBUYER INFORMATION IS PROVIDED BY THE HOMEBUYER OR A THIRD-PARTY SERVICE PROVIDER WITHOUT INDEPENDENT VERIFICATION BY CRIB EQUITY. CRIB EQUITY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE INFORMATION PROVIDED BY HOMEBUYERS OR ANY THIRD PARTIES.

3. No inspection of the Home or guaranty regarding its maintenance.

INVESTOR ACKNOWLEDGES AND UNDERSTANDS THAT CRIB EQUITY DOES NOT PERFORM INSPECTIONS OF ANY HOMES AND DOES NOT UNDERTAKE ANY DUTY OR OBLIGATION TO MAINTAIN THE UPKEEP OF ANY HOME, UNLESS SEPARATELY AGREED TO IN WRITING AND SIGNED BY CRIB EQUITY.  WHILE CRIB EQUITY REQUIRES A THIRD-PARTY INSPECTION OF THE HOME PRIOR TO CLOSING, CRIB EQUITY DOES NOT GUARANTY THE ACCURACY OF THE INSPECTION NOR DOES CRIB EQUITY UNDERTAKE ANY DUTY TO INDEPENDENTLY VERIFY THE ACCURACY OR AUTHENTICITY OF THE THIRD-PARTY INSPECTION.

THE HOMEBUYER WILL AGREE TO MAINTAIN CERTAIN LEVELS OF INSURANCE AND MAINTAIN THE HOME, AS DOCUMENTED IN THE HOMEBUYER’S AGREEMENT (THE SHARED OWNERSHIP AGREEMENT).  CRIB EQUITY DISCLAIMS ALL LIABILITY RELATED TO THE HOMEBUYER’S COMPLIANCE WITH THE HOMEBUYER’S AGREEMENT (OR ANY OTHER AGREEMENTS OR UNDERTAKINGS ENTERED INTO BY OR INVOLVING THE HOMEBUYER OR THE INVESTOR) AND ACCORDINGLY ANY RECOURSE INVESTOR HAS AS AN INVESTOR WILL BE AGAINST THE HOMEBUYER.  CRIB EQUITY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONDITION OF THE HOME AT ANY TIME, UNLESS SEPARATELY AGREED TO IN WRITING AND SIGNED BY CRIB EQUITY.

4. No tax advice.

CRIB EQUITY DOES NOT PROVIDE TAX ADVICE AND IS NOT RESPONSIBLE FOR THE PAYMENT OR CALCULATION OF ANY TAXES.  INVESTOR SHOULD SPEAK WITH AN ACCOUNTANT OR OTHER QUALIFIED ADVISOR SHOULD INVESTOR HAVE ANY QUESTIONS OR CONCERNS REGARDING THE APPLICATION OF FEDERAL OR STATE TAX LAWS TO INVESTOR’S  INVESTMENT.

5. Illiquidity of investments.

INVESTOR UNDERSTANDS AND ACKNOWLEDGES THAT ANY FUNDS INVESTOR CONTRIBUTES TO A HOME PURCHASE WILL BE SUBJECT TO A FIRST MORTGAGE OF AN UNAFFILIATED THIRD-PARTY LENDER AND THAT INVESTOR’S FUNDS MAY NOT BE AVAILABLE FOR A TERM UP TO 10 YEARS OR LONGER.  ACCORDINGLY, INVESTOR ACKNOWLEDGES AND UNDERSTANDS THAT A REAL ESTATE INVESTMENT WITH A HOMEBUYER IS SUITABLE ONLY FOR SOPHISTICATED PARTIES FOR WHOM SUCH AN INVESTMENT DOES NOT REPRESENT A COMPLETE INVESTMENT PROGRAM AND WHO FULLY UNDERSTAND AND ARE CAPABLE OF BEARING THE RISKS OF SUCH AN INVESTMENT.  INVESTOR FURTHER UNDERSTANDS AND ACKNOWLEDGES THAT THE HOME MAY NOT BE SOLD WITHOUT THE HOMEBUYER’S CONSENT AND THAT THE HOMEBUYER’S AGREEMENT MAY BE FOR A TERM UP TO 10 YEARS OR LONGER.  INVESTOR SIMILARLY UNDERSTANDS AND ACKNOWLEDGES THAT ANY HOME OR HOMEBUYER MAY SUFFER FORECLOSURE, AND THAT INVESTOR MAY LOSE ITS WHOLE INVESTMENT.

6. No guaranty of a match.

INVESTOR ACKNOWLEDGES AND UNDERSTANDS THAT CRIB EQUITY DOES NOT, AND CANNOT, GUARANTY THAT ANY HOMEBUYER MATCH WILL OCCUR.  The Platform is new, and as such, Crib Equity does not warrant any Homebuyers will use the Platform, and even if they do, that any particular match with an Investor will occur.  The parameters set by the Homebuyer and the Investor are of their own choice, and it may be that no matching parameters are chosen.  Moreover, Homebuyers may simply prefer to obtain loans or utilize other services instead of Crib Equity.  

7. No guaranty of an increase in value in the property.

INVESTOR ACKNOWLEDGES AND UNDERSTANDS THAT CRIB EQUITY DOES NOT, AND CANNOT, GUARANTY THAT ANY HOME WILL INCREASE IN VALUE, OR MAINTAIN ITS AT-PURCHASE VALUE, OR BE SOLD AT AN INCREASED VALUE, OR FOR THE PRICE AT WHICH IT WAS PURCHASED, OR THAT ANY HOMEBUYER AGREEMENT WILL PROVIDE PROFITS OR RETURN OF CAPITAL INVESTMENT FROM THE RESALE OF THE HOME.  Because real estate, like many other types of long-term investments, historically has experienced significant fluctuations and cycles in value, specific market conditions (at the federal, state, and local level) may result in reductions or stagnation in the value of the real property underlying the agreement between the Homebuyer and the Investor.  A sustained downturn in the United States, local, or global economy (or any particular segment thereof) could adversely affect the value of real property underlying the agreements and impair the ability to effectively exit the agreement between the Homebuyer and Investor on favorable terms.  Even if housing values increase, there is no guaranty that a particular Home’s value will increase (at all or at a commensurate rate) or that a particular Homebuyer will be able to realize a sale price that reflects the market value.

Investor may not access or use the Platform for any purpose other than that for which Crib Equity  makes the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Crib Equity.  As a user of the Platform, Investor agrees not to:

• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Crib Equity.
• Trick, defraud, or mislead Crib Equity and other users, especially in an attempt to learn sensitive Platform Account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
• Disparage, tarnish, or otherwise harm Crib Equity or the Platform.
• Use any information obtained from the Platform to harass, abuse, or harm another person.
• Make improper use of Crib Equity’s services or submit false reports of abuse or misconduct.
• Use the Platform in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Platform.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
• Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
• Copy or adapt the Platform’s software.
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Platform Accounts by automated means under false pretenses.
• Sell or otherwise transfer Investor’s Platform Account.

The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures.  ESIGN and UETA require businesses that want to use electronic records or signatures in  transactions to obtain consent to receive information electronically.  When a potential user registersto the Platform, Crib Equity obtains consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements.

Investor’s use of electronic signatures on the Platform legally binds Investor in the same manner as if Investor had manually signed such documents.  No certification authority or third-party verification is necessary to validate any electronic signature and the lack of such certification or verification will not in any way affect the enforceability of such signatures of documents.  The use of electronic versions of such documents fully satisfies any requirement that such documents be provided to Investor in writing.  If Investor signs electronically, Investor represents that Investor has the ability to access and retain a record of such documents.  Investor agrees that it is responsible for understanding these documents and agrees to conduct business by electronic means.  Investor is obligated to review the Platform periodically for changes and modifications and agrees not to contest the admissibility or enforceability of the Platform’s electronically stored copies of these documents or these Investor Terms in any proceeding arising out of the documents, the Investor Terms, or any other agreements.

These Investor Terms (and subsequent Investor agreements) will continue to apply to Investor and Investor’s use of the Crib Equity Platform until Investor’s Platform Account or relationship is terminated as set forth herein.  Crib Equity may, in its sole and absolute discretion, at any time, for any/or no reason, and with or without prior notice, suspend or terminate Investor’s  use of the Crib Equity Platform and the services afforded therein to Investor.  If Investor fails to comply with any terms and conditions in these Investor Terms, then Investor’s access to the Crib Equity Platform and any services afforded therein to Investor may be automatically terminated, without any notice to Investor or other action by Crib Equity.

Investor agrees that Crib Equity will not be liable to Investor or any third party for any termination of Investor’s  Platform Account or access.

If Investor wants to deactivate or delete Investor’s Crib Equity Platform Account, please contact Crib Equity at investors@cribequity.com.  Investor agrees that even if Investor seeks to terminate Investor’s  relationship with Crib Equity, that Crib Equity may be obligated by law to retain information about Investor, Investor’s Platform Account, and Investor’s use of the Platform.

The Platform may contain (or Investor may be sent via the Platform) links to other  third-party websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Crib Equity, and Crib Equity is not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform.  If Investor decides to leave the Platform and accesses Third-Party Websites or to use or install any Third-Party Content, Investor does so at Investor’s own risk, and Investor should review such Third-Party Websites’ terms of service and privacy policy.  Investor agrees to hold Crib Equity harmless from any losses sustained by Investor or harm caused by Investor relating to or resulting in any way from any Third-Party Websites or Third-Party Content.

Investor agrees that all access and use of the Crib Equity Platform and Investor’s use of Crib Equity’s services is at Investor’s  own risk.  In no event shall Crib Equity (or any related party or affiliate) be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with Investor’s use of the Crib Equity Platform.  In addition, Investor agrees:

• Crib Equity will not be responsible if Investor is unable to use the Crib Equity Platform or any linked site, or in the event of any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Crib Equity, or representatives or affiliates thereof, are advised of the potential for such damages, losses or expenses.

• Crib Equity will not be responsible or liable to Investor in any way if information is intercepted by an unauthorized person, either in transit or at Investor’s place of business.

• Crib Equity will have no liability to Investor for any unauthorized action taken using Investor’s passcode that occurs before Investor has notified Crib Equity of possible unauthorized access and use and Crib Equity has had a reasonable opportunity to act on that notice.

• Crib Equity may suspend or cancel Investor’s  passcode even without receiving such notice from Investor if Crib Equity  suspects Investor’s  passcode is being used in an unauthorized or fraudulent manner.

• Crib Equity shall have no liability to Investor for any losses, financial or otherwise, suffered by Investor arising out of or resulting from compatibility or inoperability problems of the Platform, Investor’s  computer device, or Investor’s  failure to confirm any attempted action.

• Notwithstanding anything contrary contained herein, our liability to Investor for any cause whatsoever and regardless of the form of the action, will at all times be limited toUS $500.00.

Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to Investor, some or all of the above disclaimers or limitations may not apply to Investor, and Investor may have additional rights.

Investor agrees to indemnify, defend, and hold harmless Crib Equity and its affiliates, representatives, partners, licensors, and each of their respective officers, directors, agents, and employees (the “Indemnified Parties”) for, from, and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Investor’s  access to or use of the Crib Equity Platform; (ii) Investor’s  breach of the license to use the Crib Equity Platform; (iii) Investor’s  breach of any agreement entered into either through or by reason of the Crib Equity Platform, including this Agreement; (iv) Investor’s violation of law in connection with Investor’s  use of the Platform; (v) Investor’s  negligence or willful misconduct in connection with Investor’s use of the Platform; or (vi) Investor’s  violation of the rights of a third party.  These obligations will survive any termination of this Agreement.  

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT INVESTOR’S LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution.  Crib Equity  is available by email at investors@cribequity.com to address any concerns Investor may have regarding Investor’s use of the Platform.  Most concerns may be quickly resolved in this manner.  Each of Investor and Crib Equity  agree to use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration.

Agreement to Binding Arbitration.  If Crib Equity and Investor do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is commenced, then either Investor or Crib Equity  may initiate binding arbitration.  All claims arising out of or relating to these Investor Terms, the Investor Addendum, and any other addenda or agreements between and involving Crib Equity and Investor (collectively the “Investor Agreements”) (including its formation, performance and breach), the parties’ relationship with each other and/or Investor’s  use of the Platform, shall be finally and exclusively settled by binding arbitration administered by the American Arbitration Association (“AAA”), in accordance with the AAA Commercial Rules then-applicable, excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense.  The parties shall select a single neutral arbitrator in accordance with the AAA Commercial Rules.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Investor Agreements, including but not limited to, any claim that all or any part of the Investor Agreements is void or voidable.  To the extent there is any dispute over the scope of this dispute resolution provision, such dispute shall be determined by the arbitrator.  If Investor and Crib Equity both agree, the arbitration may be conducted remotely, in lieu of appearing live.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  The AAA rules governing the arbitration may be accessed athttps://adr.org/sites/default/files/Commercial%20Rules.pdf.

Absent this mandatory Dispute Resolution Provision, Investor would have the right to sue in court and have a jury trial.  By using the Platform and agreeing to these Investor Terms, Investor waives its right to a trial by jury to the extent that any complaint is filed.  Investor further understands that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver.  Investor further agrees that any arbitration or court proceeding shall be conducted in Investor’s respective individual capacity only and not as a class action or other representative action, and Investor expressly waives the right to file a class action or seek relief on a class basis.

These Investor Terms and Investor’s  access to and use of the Platform shall be governed in all respects by the substantive laws of the State of Delaware, without regard to its provisions relating to conflict of laws.  Any dispute between the parties that is not subject to arbitration as set forth above, shall be resolved in the state or federal courts of Delaware.  The failure of Crib Equity to exercise or enforce any right or provision of these Investor Terms shall not constitute a waiver of such right or provision.

If any provision of these Investor Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator court should endeavor to give effect to their intentions as reflected in the provision, and the other provisions of these Investor Terms remain in full force and effect.

Investor agrees to abide by all applicable local, state, national, and international laws and regulations in Investor’s  access to and use of the Platform.  The Crib Equity Platform is available only to parties who are permitted to use it under applicable law.  Investor agrees: (i) that Investor is solely responsible for Investor’s actions and the contents of Investor’s  actions on the Crib Equity Platform; (ii) that Investor will not impersonate any person or entity or falsely state or otherwise misrepresent Investor’s  identity or affiliation with a person or entity; and (iii) that Investor possess the legal right and ability to enter into the Investor Terms and to access and use the Platform.  Unauthorized use of the Platform including but not limited to unauthorized entry into Crib Equity’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

In order to resolve any question, complaints, or dispute, please contact Crib Equity at: investors@cribequity.com.