The Modiv trade name and www.Modiv.com is owned and operated by Modiv Inc., a Maryland corporation (“Modiv”). You may use www.Modiv.com (“website” or “Site”) only if you agree to these terms and conditions (“Terms of Use”) and you should review them carefully before continuing. Modiv may update and change the Site and/or these Terms of Use from time to time by posting to this Site. By accessing the Site or downloading any materials from the Site, you agree to these Terms of Use, as in effect at such time. If you do not agree to them, do not use the Site or download any materials, and exit the Site immediately. These Terms of Use are in addition to any other agreement between you and Modiv, including those relating to any of the information or materials available via the Site.
THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND MODIV HAVE AGAINST EACH OTHER ARE RESOLVED, WHICH PROVISIONS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST MODIV TO BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU ARE PERMITTED TO PURSUE CLAIMS AGAINST MODIVONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND ARE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
This website is for informational and educational purposes only. None of the information provided through this website constitutes investment, tax, financial or legal advice or service to any person, and the views expressed herein should not be taken as advice to buy or sell any security. Decisions based on information provided through this website are your sole responsibility and are made at your own risk.
Securities offerings by Modiv and/or affiliates of Modiv are presented by means of formal offering documents, including private placement memorandums, offering circulars and prospectuses (“Formal Offering Documents”). Formal Offering Documents contain complete information on the risks of the investment, fees and expenses, and other material facts, and should be read carefully before investing. The information in this website must be read in conjunction with the applicable Formal Offering Documents in order to understand fully all the implications and risks of an investment in the securities to which it relates. Such an investment is not a bank deposit and is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Investors should be able to bear the risk of losing part or ALL of their investment.
Modiv does not make any recommendations regarding the appropriateness of particular investment opportunities for any investor. Each investor must review and evaluate the investments in the investor’s own discretion and determine the suitability of making the particular investment. Past performance is not indicative of future performance. There is a potential for the loss of part or ALL of an investor’s investment capital, and each investor should understand that all capital invested may be lost. Investors should only consider these investments if they have no need for liquidity and can bear the risk of losing their entire investment.
The information contained on this website does not constitute an offer or a solicitation for the purchase or sale of any securities in any jurisdiction in which an offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make an offer or solicitation. The information provided through this website is available only to qualified recipients and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation, or that would subject Modiv or any of its affiliates to any registration requirement within such jurisdiction. Neither the Securities and Exchange Commission nor any state securities regulator has passed on or endorsed the merits of this offering. Any representation to the contrary is unlawful.
Persons who access this website do so on their own initiative, and are responsible for compliance with all applicable laws and/or regulations. This website is only available to individuals who are at least 18 years old. By using this Site, you represent and warrant that if you are an individual, you are at least 18 years old, that you are fully able and competent to enter into the terms and conditions set forth in this and other agreements on the Site, and that all registration information you submit is truthful, accurate and complete. If you are accessing the Site on behalf of an entity, such as your employer or a company you work for or control, you represent and warrant that you have the legal authority to bind that entity to these Terms of Use. Modiv is entitled to rely on the accuracy of the information you provide to us on the Site.
You may access the Site generally and/or browse generally without registering with the Site. In order to access certain features of 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. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. You will also choose a password and a user name. Modiv reserves the right in its sole discretion to refuse registration of or cancel a user's account. You are solely responsible for maintaining the confidentiality of your password and account. You agree to notify Modiv immediately in writing of any unauthorized use of your Account or any other breach of security relating thereto. To the fullest extent permissible by law, you are solely responsible for maintaining the appropriate antivirus software and other protections to prevent cyber-crimes and other identity theft.
Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from us that asks for your password, or if you become aware of any unauthorized use of your Account, you should immediately report this development to us at info@Modiv.com . We recommend choosing a password that is not easily guessed, and does not contain information that others can easily learn about you, like a birthday. In addition, we recommend that you change your password frequently. If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your Account and personal data. When you are finished using our Site, you should log out completely, then close the browser window and clear the browser’s cache files.
You agree that your Account will be self-directed and that you are solely responsible for all investment decisions and instructions placed through your Account and all uses of your Account. Although the Site may provide data, information or content relating to investment opportunities to buy securities, you should not interpret any such content as tax, legal, financial, or investment advice or a recommendation to invest in any offering posted on the Site. 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, your eligibility to invest or your investment strategy and accept the risks associated with such decisions, which include the risk of losing the entire amount of your investment. Neither Modiv nor its affiliates have any special relationship with or fiduciary duty to you and your use of the Site does not create such a relationship.
To the extent that you provide any feedback, suggestions or testimonials to Modiv regarding Modiv, its products or services, or the Site, you hereby grant to Modiv and its affiliates a non-exclusive, worldwide, perpetual, fully paid, royalty free license to exploit any such feedback, suggestions or testimonials in any manner.
All content and images on the Site are the property of Modiv and/or its affiliated entities. The use of the content or images by you or anyone authorized by you is prohibited unless specifically permitted by these Terms of Use or expressly provided elsewhere on the Site. The trademarks, logo and slogans displayed on the Site (collectively, the “Trademarks”) are owned by Modiv and/or its affiliated entities. Nothing on this Site should be construed as granting any license or right to use the Trademarks without the written permission of Modiv. Your use of the Trademarks or any other content on the Site, except as expressly provided in these Terms of Use, is strictly prohibited. You are advised that Modiv and/or its affiliated entities reserve the right to aggressively enforce their intellectual property rights to the fullest extent of the law.
Your use of the Site is solely at your own risk. To the fullest extent permissible by law, in no event shall Modiv or its affiliates be liable for damages under contract, tort, strict liability, negligence, or any other legal or equitable theory arising out of your access to, or use of, the Site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limitation of the foregoing, in no event will Modiv or its affiliates be liable for any incidental, consequential, indirect, special, exemplary or punitive damages arising under or in connection with these Terms of Use or your use of the Site. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Modiv assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
These Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of California applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
In the event of any claim, controversy or alleged dispute between you and Modiv, its members or affiliates relating to these Terms of Use or your use of this Site (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute for at least thirty (30) days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of JAMS (http://www.jamsadr.com) to be held in the State of California, County of Orange, before an arbitrator to be selected by JAMS. Any such arbitration may only be commenced within one year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and us. To the full extent permissible by applicable law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Modiv, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning Modiv 's or its affiliates’ intellectual property rights; and (3) any claim for injunctive relief. All arbitration proceedings will take place in the State of California, County of Orange. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the State of California, County of Orange. Each party hereby waives any claim that such venue is improper or inconvenient.
To the fullest extent permissible by law, you agree to indemnify, defend and hold Modiv and any of its affiliates, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site. Modiv reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Modiv in the defense of any such claim, action, settlement or compromise negotiations, as requested by Modiv.
These Terms of Use constitute the entire agreement between the parties with respect to the Site, and supersedes any prior understanding or agreement, oral or written, relating to the Site. If any of the provisions of these Terms of Use becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. You may not assign these Terms of Use or any rights or obligations hereunder.
This Site is intended to be accessed and used only by persons residing within the United States of America. If you are not a resident of the United States of America, you may not use this Site.
Modiv reserves the right to change these Terms of Use and the contents of this website at any time by posting such changes on this website. If you use this website after we post changes to these Terms of Use, you accept the changed terms.
All information and materials contained on this website are subject to copyright and/or trademark protection laws.
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Effective Date
These Terms of Use were last updated on February 1, 2021.
Disclosure
This Site is operated by Modiv Inc. All securities listed on this Site are being offered only pursuant to the prospectus, private placement memorandum, offering circular or other applicable offering document for the offering. ACCESS TO SECURITIES OFFERINGS ON THIS SITE IS LIMITED TO QUALIFIED RECIPIENTS. By accessing this Site and any pages hereof, you agree to be bound by the Terms of Use. Neither the Securities and Exchange Commission nor any state securities regulator has recommended or approved of the investment or passed upon the accuracy or inaccuracy of any of the information or materials provided through this Site.