Terms of Use

PassivePockets Terms of Use

Effective Date: September 17, 2024

Thank you for visiting this Site, which is owned and operated by PassivePockets. These Terms of Use govern your use of this Site and are agreed to between PassivePockets and you as an individual, or, if you represent an entity or other organization, that entity (in either case, “you” or “your”). Capitalized terms used in these Terms of Use are defined below.


Your Acceptance of These Terms of Use

These Terms of Use apply to all users of this Site, whether or not you are a registered member. By accessing or using any part of this Site or Content or by clicking a box that states that you accept or agree to these Terms of Use, you agree that you have read and agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site or any Content. If you are entering into these Terms of Use on behalf of an entity, by accessing or using any part of this Site or Content or by clicking a box that states that you accept or agree to these Terms of Use, you represent and warrant that you have authority to bind that entity to these Terms of Use.


Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy and to our Site/Forum Rules, each of which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy and our Site/Forum Rules. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control. 


Your Consent to Other Agreements

When you use a special feature of this Site, you may be asked to agree to special or additional terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. 


Trials and Automatic Renewals

As part of your use of the Site, you may accept an offer for a Trial or Subscription (as each term is defined below), which will automatically convert into, or renew for a subsequent period, as applicable, a paid Subscription unless you take certain actions by a specified date (as further described in the “Automatic Renewal”, “Promotional or Trial Period Pricing”, and “Cancellation” Sections below). As an overview:

  1. Trials will automatically convert to a paid annual Subscription at the end of your Trial Period, unless otherwise stated in our offer details. In such instances, you can disable the automatic conversion by following the cancellation instructions set forth in the “Cancellation” Section below prior to the date of conversion.
  2. If you purchase a Subscription that is not a Trial, it will continue under these Terms of Use for the length of the Subscription Term you’ve selected (e.g., monthly, annually, etc.), and will automatically renew for periods of the same duration (or the length described in our offer, if applicable), at the rates in effect at that time, until one of the following occur: (a) you cancel prior to the beginning of the renewal Subscription Term, (b) your Subscription is cancelled by us, or (c) you select a different Subscription. To cancel your  Subscription please follow the instructions in the “Cancellation” Section below.

Ownership of this Site and its Content

This Site, including all its Content, are protected under applicable intellectual property and other laws, including the laws of the United States and other countries. All Content and intellectual property rights therein and any additions, improvements, updates, and modifications thereto are the property of PassivePockets or PassivePockets’ partners and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content accessed or viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (a) do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; and (c) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to this Site and Content not expressly granted in these Terms of Use are hereby reserved by PassivePockets or its partners, as applicable.


Trademarks

The PassivePockets names and logos (including those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks, or trade dress of PassivePockets or its affiliates (the “PassivePockets Marks”). All other trademarks, product names, company names, logos, service marks, or trade dress mentioned, displayed, cited, or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the PassivePockets Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the PassivePockets Marks or other trademarks, product names, company names, logos, service marks, or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.


Responsibility for User-Generated Content Posted on or Through this Site

You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC, regardless of its source, including, without limitation, any third-party advertisements, promotions, or offers. For the avoidance of doubt, “User-Generated Content” includes any information or materials provided by sponsors, such as developers, fund managers, and project syndicators (“Sponsors”).


This means that you, not PassivePockets, are entirely responsible for all UGC that you post or, in the case of Sponsors, provide to PassivePockets to post on your behalf, and that you can be held personally liable for comments, content, or reviews that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.


Because we do not control any UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including any errors or omissions therein. Further, we cannot and do not warrant or guarantee that information or materials provided by Sponsors to PassivePockets are compliant with applicable law, including but not limited to securities laws or investment advisory regulations that may apply to Sponsors and/or their offerings/investment opportunities. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available on or through this Site. UGC posted on or through this Site expresses the personal opinions of the individuals or companies who posted it or provided it to PassivePockets to post and does not necessarily reflect the views of PassivePockets or any person or entity associated with PassivePockets. Content posted or opinions expressed by employees, contractors, or agents of PassivePockets are attributable solely to the individuals posting and do not represent the views of PassivePockets or its affiliates.


You own your User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. 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.

PassivePockets and its partners reserve the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes.


We may disclose or remove User-Generated Content. PassivePockets has certain rights. We have the right (but do not assume the obligation) to:

  • monitor all UGC;
    • require that you avoid certain subjects;
    • remove or block any UGC at any time without notice at our sole and absolute discretion;
    • disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of PassivePockets or others, or to enforce these Terms of Use; and
    • terminate your access to and use of this Site, or to modify, edit, or block your transmissions thereto, for any reason and in our sole discretion. 

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not: 

  • upload, post, transmit or otherwise make available:
  • any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any UGC that constitutes or encourages activity illegal under criminal or civil law;
  • any UGC that is false, misleading, or fraudulent;
  • any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any UGC that contains the image, name, or likeness of anyone other than yourself, unless (a) that person is at least eighteen years old and you have first obtained his/her/their express permission or (b) that person is under eighteen years old but you are his/her/their parent or legal guardian;
  • 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;
  • any request for or solicitation of money, goods, or services for private gain
  • any UGC that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose, except for those portions or features of this Site that expressly intend to allow advertising, promoting, or marketing your services, products, or business; or
  • 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;  
  • any UGC the purpose of which is to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • any UGC that violates any local, state, national, or international law, rule, or regulation.

By posting User-Generated Content, you represent and warrant that (a) you own or otherwise control all of the rights to such UGC and have the right to grant the license set forth in these Terms of Use; (b) such UGC is accurate and complete, and (c) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity. You represent and warrant that you will comply with all applicable laws, rules, and regulations applicable to or arising from your use of the Site.


Removal of Content

In general. You can seek removal of objectionable UGC, and lodge complaints against particular users, by contacting us at https://passivepockets.com/support/. 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 of Use 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 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 UGC we remove from this Site may remain on back-up servers.

Violation of copyrights. PassivePockets does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on this Site (including the URL, title, or item number if applicable, or other identifying characteristics);
    • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
    • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

Your statement must be addressed as follows:

PassivePockets, LLC
Attn: Copyright Agent
2000 S. Colorado Blvd.
BLDG 1-2000 #90
Denver, CO 80222
https://passivepockets.com/support/


Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.


Your Feedback

Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. When you submit Feedback to us, you hereby assign to us 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, 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.


Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to PassivePockets it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image of yourself that you are authorized to use for your profile picture. You shall not post or use third-party company logos, advertisements, content, web addresses, contact information, pictures of celebrities, or images. Company logos may only be used on company profiles in our Sponsor Directory.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided here: https://passivepockets.com/support/. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site and any Content in accordance with any and all applicable laws, rules, and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information; any interference with the availability of or access to this Site; or any unauthorized scraping of Content on this Site is strictly prohibited. We reserve all rights and remedies available to us, including the right to terminate your access to this Site.

Prospective investors using this Site must be “Accredited Investors” as defined in Rule 501(a) of the Securities Act of 1933, as amended. By using this Site, each user who is a prospective investor represents that he/she is an Accredited Investor and sophisticated in matters concerning real estate investment. PassivePockets does not undertake to, and does not, independently verify the Accredited Investor status of any user. 

You shall not post advertisements for any product, service, or business on the Site unless you have received PassivePockets’ prior written consent.


Calculators, Analysis Tools, and Advice

The calculators, spreadsheets, and analysis tools found on this Site (“Tools”) are designed to be used for informational and educational purposes only and do not constitute investment or financial advice. PassivePockets recommends that you: (a) seek the advice of professional advisors, including real estate professionals, before making any type of investment or real estate decision (including the purchase of or investment in real estate), and (b) independently verify any calculation or output obtained from a Tool. Your use of Tools and Content found on this Site is at your own risk. The results from Tools and Content presented may not reflect the actual return of your own investments. PassivePockets is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these Tools. Furthermore, PassivePockets is not responsible for any human or mechanical errors or omissions. 

Additionally, PassivePockets may offer opportunities to receive feedback or information directly or indirectly from PassivePockets’ personnel (“PP Feedback”). The PP Feedback is informational in nature and is not legal, financial, real estate, or tax advice, and PassivePockets is not engaged in the provision of legal, financial, real estate, tax, or any other advice. You should seek your own advice from professional advisors, including lawyers and accountants, regarding the legal, tax, and financial implications of any real estate transaction you contemplate. PassivePockets does not make, and hereby disclaims, any representations and warranties regarding the content of the PP Feedback, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. You use the advice and information provided in the PP Feedback at your own risk. PassivePockets hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the PP Feedback, including the accuracy, appropriateness, quality, or completeness of the information provided in the PP Feedback, regardless of the cause. PassivePockets is not liable or responsible to you with respect to any lost profits, losses, or damages, including incidental, indirect, or consequential damages caused, or alleged to have been caused, directly or indirectly, by the PP Feedback.


Third-Party Sponsors

PassivePockets offers certain services on this Site to help connect users to Sponsors.  PassivePockets does not guarantee that: (a) PassivePockets will be able to introduce you to a Sponsor or an investment opportunity that can meet your investment needs or goals, or that is suitable for you.

PassivePockets does not independently verify any Sponsor’s representations about their offering, investment opportunities, or services, nor validate any reviews. It is entirely up to you to evaluate the Sponsor and the Sponsor’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Sponsor. Your dealings with, or participation in promotions or offering of any Sponsor, and any other terms, conditions, representations, warranties, or guarantees associated with such dealings, are solely between you and such Sponsor and do not involve PassivePockets. You should make whatever investigation or other resources that you deem necessary or appropriate before engaging or investing with any Sponsor. Sponsors are not employees or agents of PassivePockets; and PassivePockets is not an agent of any Sponsor. 

Although PassivePockets may take certain steps to examine the credentials or background of Sponsors listed on this Site, PassivePockets makes no guarantees, warranties, or representations regarding the skills or undertakings of any such Sponsor or the performance, quality, or outcome of the investment opportunities listed on the Site. PassivePockets does not endorse or recommend, and is not responsible or liable for, any content, data, advertising, products, goods, offers, business opportunities, investment opportunities, or services available or unavailable from, or through, any Sponsor. You acknowledge and agree that should you use or rely on any such content, data, advertisement, products, goods, or services, available or unavailable from, or through, any Sponsor, PassivePockets is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any such use or reliance.  

Should you have a dispute with respect to any Sponsor, service, or investment opportunity offered by a Sponsor, or the fees charged by any Sponsor, you must address such dispute with the Sponsor directly. YOU HEREBY AGREE TO RELEASE PASSIVEPOCKETS (AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SPONSORS.


Sponsor Regulatory Acknowledgements

Sponsors understand and agree that PassivePockets will not be responsible for ensuring that information or materials provided to PassivePockets and posted to the Site are compliant with the regulatory regimes applicable to the Sponsor and/or its offerings/investment opportunities. 


Sponsors understand that the securities laws applicable to syndicated real estate offerings and other privately placed offerings are broadly designed to protect unsophisticated people from making poor investment decisions. Federal securities law requires securities sold in the United States to be registered with the Securities and Exchange Commission unless the sale qualifies for an exemption. One requirement common to many of the private placement exemptions is that neither the company offering its securities nor any person acting on such company’s behalf may offer or sell the securities by any form of “general solicitation”, except under Rule 506(c) of Regulation D, promulgated under the Securities Act of 1933, as amended, where the Sponsor has taken reasonable steps to verify that all of the investors in the offering are “Accredited Investors”. Furthermore, many states and foreign countries have their own regulations governing private securities transactions that must be observed. All Sponsors agree that any offerings of securities to prospective investors that are US Persons through the use of the Site shall be made pursuant to Rule 506(c), and that Sponsor is solely responsible for compliance with the 506(c) exemption. Sponsor additionally understands that it is solely responsible for making its own assessment regarding regulatory requirements as may be applied to Sponsor’s activities and materials on the Site. Sponsors understand that PassivePockets is not responsible for ensuring Sponsor’s compliance with securities regulations or any other applicable law, including whether prospective investors are “Accredited Investors”.


Google Maps

This Site includes Google Maps features and content. Your use of any Google Maps features or content on this Site is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.


Fees and Payments

PassivePockets members can elect to upgrade their account to a level that requires payment (including an INVESTOR or SPONSOR account) or to purchase another subscription service offered by PassivePockets such as advertising in our Sponsor Directory, where members are charged a monthly fee for the use of certain services. PassivePockets reserves the right to change the fees at any time, upon notice to you. By registering for a paid account level, or other subscription service, you agree to pay PassivePockets the fees for the services applicable to the account level or subscription service chosen. For any upgrade in plan level or subscription service, the credit card or other accepted payment method that you most recently provided will automatically be charged the new rate immediately upon such upgrade.

All fees shall be paid in advance and are non-refundable. Except as otherwise expressly provided herein, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to this Site or particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms of Use, or refunds for months unused. However, if a user upgrades and cancels within 24 hours without using the upgraded services offered to members with a paid subscription, we will offer a full refund of the fees paid by such user for the upgrade minus any applicable cancellation fees. We reserve the right to deactivate your access to this Site or our services for your failure to pay applicable fees or for your violation of these Terms of Use. If you provide us with a credit card or other accepted payment method that expires during the term of these Terms of Use, we reserve the right to charge any renewal card or other accepted payment method or account issued to you as a replacement therefore. You agree to promptly pay PassivePockets in the event of any refusal of your credit card issuer or other accepted payment method provider to pay any amount payable by you to PassivePockets for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance of yours. In the event you fail to pay any amount when due, PassivePockets may immediately suspend or terminate your access to this Site or any or all of our services.


If purchasing a physical product outside of the United States, please be aware that you will pay an increase in International Shipping Fees at checkout and will likely pay duties upon delivery at your door. If you have any issues with these upon-delivery payments, you must contact the shipping carrier directly, as PassivePockets doesn’t have any control over their processing and border-taxation.


Automatic Renewal

Your INVESTOR, SPONSOR, or other paid account level or paid subscription services (collectively, a “Subscription”) will continue for the length of your selected Subscription (“Subscription Term”) and will automatically renew for periods of the same duration (or the length described in our offer, if applicable) until one of the following occur (a) you cancel your Subscription (see the “Cancellation” Section below on how to cancel) prior to the beginning of the renewal period, (b) your Subscription is cancelled by us, or (c) you select a different Subscription. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of each renewal, plus fees and taxes. If you do not accept the change in pricing, you have the right to reject the change by cancelling your Subscription prior to the change taking effect. Changes in pricing will take effect at the start of the next Subscription Term following the date of the price change.


Promotional or Trial Period Pricing

We may elect to offer free or discounted pricing for use of paid account levels or other subscription services (a “Trial”) for a specified period of time (“Trial Period”), which Trial will automatically convert to a paid annual Subscription Term (unless otherwise noted) after the Trial Period. In such instances, you can disable the automatic conversion of a Trial to a Subscription by following the cancellation instructions set forth in the “Cancellation” Section below prior to the date of conversion (i.e., prior to the last day of the applicable Trial Period).


Unless otherwise set forth in the terms of any Trial, all pricing promotions or discounts will apply to the initial Trial Period, and any conversions or renewals thereof will be charged at the non-discounted rate then in effect for the type of Subscription purchased or offered to you for free as part of a Trial. You agree to comply with any additional terms, restrictions, or limitations we impose in connection with any Trial. You may not sign-up for multiple accounts in order to receive additional benefits under any Trial.


Cancellation

You may cancel your Trial or Subscription at any time. Except as otherwise provided (a) cancellation of your Trial (including the automatic conversion thereof) is effective at the end of the then-current Trial Period, and (b) cancellation of your Subscription is effective at the end of the then-current Subscription Term (e.g., the monthly or annual period, as applicable). Please make any such cancellation by visiting https://passivepockets.com/members/me/mp-membership/ and clicking on the “Cancel” link next to the subscription you would like to cancel. 


For the avoidance of doubt, you must cancel a Subscription before the calendar day it renews (the day of the month you are to be charged) to avoid billing of the Subscription fees for the renewal Subscription Term to your credit card or other accepted payment method. Similarly, if you do not cancel your Trial prior to the expiration of the Trial Period, then your credit card or other accepted payment method will be billed for the applicable Subscription fees described in the “Promotional or Trial Period Pricing” Section.

Additionally, we may cancel any Trial or Subscription of yours for your violation of these Terms of Use. Any such cancellation by us is effective immediately. 


DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY TOOL, FEEDBACK, PRODUCT, OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, INCLUDING PRODUCTS, SERVICES, OR INVESTMENT OPPORTUNITIES FROM OR SPONSORED BY THIRD PARTIES. THIS SITE, ALL TOOLS, ANY PP FEEDBACK, AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PASSIVEPOCKETS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, TOOLS, ANY PP FEEDBACK, AND ANY PRODUCTS, SERVICES, OR INVESTMENT OPPORTUNITIES AVAILABLE ON OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PASSIVEPOCKETS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT CONTENT OF THIS SITE, PP FEEDBACK, OR ANY TOOLS ARE ACCURATE, COMPLETE, OR CURRENT; (D) THAT USER-GENERATED CONTENT, INCLUDING CONTENT PROVIDED BY SPONSORS OR OTHER THIRD PARTIES COMPLIES WITH APPLICABLE LAW OR REGULATORY REGIMES, INCLUDING SECURITIES LAWS; OR (E) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. YOUR USE OF ALL CONTENT (INCLUDING UGC), TOOLS,  AND PP FEEDBACK IS AT YOUR OWN RISK.


WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).


PASSIVEPOCKETS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, OFFERS, BUSINESS OPPORTUNITIES, INVESTMENT OPPORTUNTIES, ADVICE, OR OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED PASSIVEPOCKETS SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, OFFERS, BUSINESS OPPORTUNITIES, INVESTMENT OPPORTUNTIES, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, OFFERS, BUSINESS OPPORTUNITIES, INVESTMENT OPPORTUNTIES, ADVICE, OR OPINIONS OF PASSIVEPOCKETS. 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 SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. IN ADDITION, PASSIVEPOCKETS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES OR GOODS OFFERED BY THIRD PARTIES.


APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.


PassivePockets uses commercially available technology to prevent access to the Site from locations that are sanctioned by the United States government.  PassivePockets’ policy is to comply with all applicable laws and regulations applicable to the Site, including all sanctions laws.


LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, “RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING 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 THIS SITE OR ANY CONTENT OR TOOLS. 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.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF (A) TEN DOLLARS ($10.00) AND (B) THE AMOUNT YOU PAID PASSIVEPOCKETS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.


This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the applicable laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.


Links to Third-Party Websites; Compensation from Third Parties

This Site may: (a) provide links to other websites operated by third parties, or (b) allow you to interact with third-party businesses. These third parties may also be PassivePockets members. Because we have no control over third-party websites or businesses, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any services, products, content, advertising, services, products, or other materials on or available from such third parties, including their websites. PassivePockets does not endorse any third-party business or website, and in no event shall PassivePockets be responsible or liable for any products or services of such third parties. PassivePockets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such third parties or their websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the applicable owner of such websites.


PassivePockets has financial relationships with some of the companies, products, and services mentioned on this Site, and may be compensated if users choose to follow the links pointing to those companies, products, or services. Additionally, PassivePockets generally receives compensation from Sponsors in exchange for listing such Sponsors or their sponsored investment opportunities on the Site or in newsletters, and for featuring the Sponsor or its sponsored investment opportunities in webinars, articles or blogs on the Site; however, such content shall not be construed as, and is not, an endorsement by PassivePockets of the Sponsor or its sponsored investment opportunities.


Communications; Text Messaging Services

We may offer communications via calls, SMS text messages, or similar technology subject to our receipt of any consents from you required by applicable law. These communications may be sent or initiated by PassivePockets or any of its service providers, such as when we send agents notifications for lead requests submitted to PassivePockets through this Site. Message and data rates may apply. Message frequency may vary according to how you interact with our platform (including this Site). To stop receiving text messages from PassivePockets, reply STOP to any such text message. You agree we may send you a message to confirm your receipt of your STOP request. You can also opt-out of PassivePockets text messages by emailing us your request and mobile telephone number to passivesupport@biggerpockets.com 

You acknowledge and agree that our platform may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that PassivePockets will have no liability for failing to honor such requests. You can also contact our customer assistance team by emailing us at passivesupport@biggerpockets.com . Not all mobile devices may be supported and text messaging may not be available in all areas. PassivePockets and the mobile carriers supported on our platform are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message. We are not liable for your use of or reliance on the content of any text message. You agree that all information you provide through this Site (including your telephone number(s) and other contact information) will be accurate, current, and truthful to the best of your knowledge. You consent to PassivePockets’ use of such information in accordance with our Privacy Policy at PassivePockets Privacy Policy. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.


Modification, Discontinuation, and Termination

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) or the information, materials, products, or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site or the information, materials, products, or services available therethrough.

You also agree that PassivePockets, in its sole discretion, may terminate your password, account (or any part thereof), or access to or use of this Site for any reason, including for lack of use or if PassivePockets believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to or use of this Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that PassivePockets may immediately deactivate or delete your account and all related information in your account or bar any further access to this Site. Further, you agree that PassivePockets shall not be liable to you or any third party for any termination of your access to or use of this Site.


Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by PassivePockets of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.


Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to applicable law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by such law and the remaining provisions of these Terms of Use will remain in full force and effect.


Governing Law, Jurisdiction, and Venue

These Terms of Use will be governed under the laws of the State of Colorado without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be brought exclusively in a state or federal court in the City and County of Denver, Colorado. You hereby irrevocably consent and submit to the personal jurisdiction and venue of said courts for all such purposes. However, notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.


Indemnity

You agree to indemnify and hold PassivePockets, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use or arising from a breach of these Terms of Use or any breach of your representations and warranties set forth above or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.


These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. PassivePockets reserves the right to change these Terms of Use from time-to-time consistent with applicable laws. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site or any Content.


Entire Agreement

These Terms of Use (together with our Privacy Policy, Site/Forum Rules, and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and PassivePockets with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and PassivePockets with respect to this Site and your use of this Site.


Definitions

The terms “PassivePockets,” “we,” “us,” and “our” mean PassivePockets, LLC.

The term “Content” means: (a) all of the databases, software, and code comprising or used to operate this Site, and (b) all of the text, content, data, analysis, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.

The term “Feedback” means Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The terms “include,” “includes,” and “including” mean “include,” “includes,” and “including,” in each case “but not limited to.”

The term “Site” means the website located at www.passivepockets.com and the features, services, programs, Tools, and content delivered or made available through or associated with the website.

The terms “User-Generated Content” or “UGC” means: (a) your publicly available profile information, and (b) all content, materials, reviews, ratings, and information that you or other Site Users post, publish, or upload to this Site, including through any social networking tools available on this Site. UCG includes any information or materials provided by Sponsors. UGC does not include “Feedback.”


Questions

If you have any questions about this Site or these Terms of Use, please contact us using the following information:

PassivePockets, LLC
2000 S. Colorado Blvd.
BLDG 1-2000 #90
Denver, CO 80222
877-831-4704
passivesupport@biggerpockets.com 

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