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Welcome to DeedMatch.com, Inc. This agreement is a contract between you and DeedMatch.com and governs all transactions between you and DeedMatch.com, as well as your use of the DeedMatch.com.com website and all DeedMatch.com services. Before you register with DeedMatch.com, you must read and accept all of the terms and conditions in, and linked to, this agreement, including the Privacy Policy.
- 1. DeedMatch.com.com and Your DeedMatch.com Account
- 1.1 About DeedMatch.com. DeedMatch.com manages an electronic website that allows you to make investments in the microfinance industry. Issuers list securities on our website, and we enable you to place orders for these securities, facilitate payment for them and help you track your investment transaction history. Your payments go directly to the issuer and your securities are issued to you directly by the issuer. We do not hold funds or securities on the issuer’s or your behalf.
- 1.2 About Your DeedMatch.com Account. When you register on DeedMatch.com.com, you create a DeedMatch.com account that allows you to interact with the website and use the DeedMatch.com services. By creating this account, you represent that you are an individual and are placing orders on your behalf and not on behalf of other individuals, entities or corporations.
- 1.2.1 Eligibility. To be eligible to use DeedMatch.com, you must be at least 18 years old and a resident of the United States. Each investment product and service referred to on DeedMatch.com is intended to be made available only to U.S. residents, and is only available to residents of jurisdictions where that investment product or service may lawfully be made available. You agree that you have all requisite authority to enter into and perform the services contemplated by this agreement. This website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
- 1.3 Your Information. You agree that the information you provide during the DeedMatch.com registration process is current, accurate, truthful and complete, and you will regularly update this information to maintain its completeness and accuracy. You are responsible for maintaining the confidentiality of any account information that you use to access any feature on this website, and for logging off of your account and any protected areas of the website. Further, you are fully responsible for all activities occurring under your account that result from your failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your account, you agree to contact DeedMatch.com immediately. We will not be liable for any loss or damage arising from your failure to promptly notify us of such conduct.
- 1.3.1 Verification. U.S. federal law requires all financial institutions to obtain, verify and record information that identifies each person seeking to open an account. You agree to provide DeedMatch.com with all required information or documentation that permits DeedMatch.com to verify your identity. Any required information you provide to DeedMatch.com may be subject to verification, including through the sharing of such information with third parties for this purpose. Your account may be rejected, restricted or closed if DeedMatch.com cannot verify any required information.
- 1.3.2 Privacy. To create your DeedMatch.com account, we must ask for certain information that allows us to comply with certain rules and regulations related to, among other things, suitability and anti-money laundering. DeedMatch.com will store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide to DeedMatch.com and elect not to receive certain communications by signing in to your account. For a complete description of how we use and protect your personal information, see our Privacy Policy.
- 1.4 Closing Your Account. You may request DeedMatch.com to close your account by calling Customer Service at <<which number?>>. Depending on the issuer's policies, it may be necessary to continue to provide you with information and services related to the securities you have purchased, until those securities mature or are redeemed. Until then, you will continue to receive payments of principal and interest and all communications we are required by law to provide to you about your securities. Once your account is fully closed, your trade confirmations remain available on the site for 30 days, and we will mail all required tax forms to the address on your account when they become available.
- 1.5 U.S. Economic Sanctions. You represent that you have not been designated by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) as a Specially Designated National or blocked person, you have no reason to believe that you would be considered a blocked person by OFAC, and you do not reside in a restricted country. You also represent that you are not employed by or acting as agent of a government, a government-controlled entity or a government corporation. You understand that if your application is deemed to fall under OFAC guidelines, your account may be declined or restricted from certain activity.
- 2. DeedMatch.com Transactions
- 2.1 DeedMatch.com’s Role in the Transaction. You understand and agree that DeedMatch.com will treat all orders for the purchase of securities through your DeedMatch.com account as authorized by you and will execute orders in reliance on your promise that an actual purchase is intended. We accept orders only through our website, and we do not guarantee that DeedMatch.com.com will be available to you at all times. DeedMatch.com reserves the right to suspend access to the site without prior notice during scheduled or unscheduled system repairs or upgrades.
- 2.2 Our Relationship With Issuers. DeedMatch.com has entered into an agreement with certain issuers to list their securities on the DeedMatch.com website. We are authorized to accept your order to purchase these securities, to transmit these orders to the issuers, and to facilitate the execution of your payment instructions. DeedMatch.com receives compensation from issuers for directing your order to the issuer and for certain administrative costs; the details of this compensation are available in the prospectus of each security. Your funds will flow directly to the issuer; DeedMatch.com is not a party to the funds. Security ownership is transferred to you directly from the issuer; DeedMatch.com does not hold securities. The features of the securities available on DeedMatch.com.com (for example, when a security begins to accrue interest, when interest payments are made, when and if early redemptions are processed, when principal is repaid or when trade confirmations are issued) are at the discretion and control of the issuer and will be stated in the prospectus of each security. We will make the prospectus for each security available to you on our website. It is your responsibility to review and understand the prospectus before placing an order.
- 2.3 Brokerage Services.
- 2.3.1 No Advice. DeedMatch.com does not provide legal, tax, estate-planning or investment advice or advice regarding the suitability, profitability or appropriateness of any security. We are required by law to ascertain your suitability for an investment based on your personalized input, but you are responsible for determining whether any investment is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
- 2.3.2 Nondisclosure of Material, Nonpublic Information. In connection with the services it provides, DeedMatch.com may come into possession of confidential, material, non-public information. We are prohibited from improperly disclosing or using this information for our own benefit or for the benefit of any other person. We maintain policies and procedures designed to prohibit the communication of this information to persons who do not have a legitimate need to know the information, to meet our obligations to our users and to remain in compliance with applicable law. You understand and agree that, in certain circumstances, we may have information that, if disclosed, might affect your decision to buy a security, but that we will be prohibited from communicating to you or using for your benefit.
- 2.4 Facilitating Your Payments. Opening a DeedMatch.com account and browsing our website are offered to you free of charge. DeedMatch.com brokers your order for a security from the issuer and facilitates your purchase of that security using one of our [permitted payment methods]. Payments from the issuer will be disbursed to the same account with which the purchase was made. DeedMatch.com is not a party to the flow of funds to the issuer.
- 2.5 Transaction Amounts and Limitations. DeedMatch.com reserves the right to deny an investment transaction or to place a limit on the dollar amount of a transaction for any reason, including, for example, if you fail suitability for a particular security or for activity that DeedMatch.com, in its sole discretion, believes to be suspicious on your account. If DeedMatch.com limits an investment, you can request a review and an exception on a case-by-case basis. DeedMatch.com imposes a minimum transaction amount for each investment and may change that minimum amount from time to time.
- 2.6 Applicable rules and regulations. All transactions in your account will be subject, to DeedMatch.com’s internal rules and policies, and where applicable, to NASD rules and regulations, the provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934, the rules and regulations of the Securities and Exchange Commission, the Board of Governors of the Federal Reserve System, and any applicable self-regulatory organizations. In no event will DeedMatch.com be obliged to effect any transaction it believes would violate any federal or state law, rule or regulation, or the rules or regulations of any regulatory or self-regulatory body.
- 3. Electronic Signatures and Delivery of Documents.
- 3.1 Electronic Signatures. By completing a DeedMatch.com account application online, you give your valid consent to this agreement and all other documents governing your relationship with DeedMatch.com. The use of an electronic version of the account documents fully satisfies any requirement that they be provided to you in writing, and the electronic version of this agreement is considered to be the true, complete and enforceable record of our agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents, and you accept as reasonable and proper notice, for the purpose of any laws, rules and regulations, notice by electronic means. You may access and retain a record of the documents you electronically sign through DeedMatch.com.com.
- 3.2 Electronic Delivery of Documents. You agree that DeedMatch.com will provide an electronic copy of all documents and communications related to your account—for example, transaction confirmations, account statements and tax-reporting documentation. When documents related to your DeedMatch.com account are available, we will send a notice to the email address you have provided, and you will be able to view the documents at any time by visiting DeedMatch.com.com and signing in to your account.
At any time during the term of this agreement, you may direct DeedMatch.com to send all future communications to you in non-electronic form, by sending written notice in accordance with Section 15 of this agreement. You understand and agree that we shall treat any such notice as a withdrawal of your consent to receive communications by electronic delivery and as a request by you to close your account subject to the conditions set forth in Section 1.4.
- 4. Restricted Activities.In connection with your use of our website, your DeedMatch.com account, or the DeedMatch.com services, or in the course of your interactions with DeedMatch.com, you agree that you will not:
- • Breach this agreement or any other agreement that you have entered into with DeedMatch.com (including any DeedMatch.com policies).
- • Violate any law, statute, ordinance, or regulation.
- • Infringe DeedMatch.com's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
- • Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
- • Provide false, inaccurate or misleading Information.
- • Pay for your transactions with what we reasonably believe to be potentially fraudulent funds.
- • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
- • Use an anonymizing proxy.
- • Control an account that is linked to another account that has engaged in any of these restricted activities. We may use evidence other than the account information to determine whether you control an account in someone else's name, including but not limited to IP addresses, common business names, PayPal accounts, phone numbers and mailing addresses.
- • Use the services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to DeedMatch.com or you.
- 4.1 Access and Interference. Much of the information on the website is updated on a real-time basis and is proprietary or is licensed to DeedMatch.com by third parties. This website contains robot exclusion headers. You agree that you will not:
- • Use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission.
- • Attempt to obtain unauthorized access to any features of this website, or to any other protected materials or information, through any means not intentionally made available to you by DeedMatch.com.
- • Take any action that may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the website without the prior expressed written permission of DeedMatch.com and the appropriate third party, as applicable;
- • Interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
- • Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- • Use any device, software or routine to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.
- • Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
- 5. Your Liability and Actions We May Take
- 5.1 Your Liability. You are responsible for all claims, fees, fines, penalties and other liability incurred by DeedMatch.com or any third parties caused by or arising out of your breach of this agreement or your use of the DeedMatch.com services. You agree to reimburse DeedMatch.com or a third party for any and all such liability.
- 5.2 Actions We May Take. If you engage in any restricted activities, we may take various actions to protect DeedMatch.com from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- • We may close, suspend, or place restrictions on your DeedMatch.com account.
- • We may update inaccurate information you provided us.
- • We may refuse to provide the DeedMatch.com services to you in the future.
- • We may take legal action against you.
- 5.3 Account Suspension or Restriction. DeedMatch.com, in its sole discretion, reserves the right to terminate this agreement or access to the website or the DeedMatch.com services. We also reserve the right to suspend or place restrictions on your account for any reason and at any time upon notice to you. Account restrictions may include a limitation on the dollar amount of transactions we will accept from your account. If your account is suspended, you will be unable to invest and we will not issue any payments to you. If we suspend or place restrictions on your account, we will provide you with notice and opportunity to request reconsideration, if appropriate.
- 6. Contact Us.If you have any questions or comments about this agreement, your DeedMatch.com account or DeedMatch.com’s practices, you may contact Customer Service, call us at <<which number?>>, or send us mail at:
DeedMatch.com Attn: Customer Service <<which address?>>
- 7. Cancelling or Disputing a Transaction. DeedMatch.com is not authorized to issue refunds directly to the investor. We reserve the right to suspend a user’s DeedMatch.com account if a transaction is cancelled or disputed. DeedMatch.com is not responsible for any errors that may arise in the transmission of your order to the issuer. You may call Customer Service to request the cancellation of a transaction, or, if you believe a transaction on your account was unauthorized, to dispute a transaction. Refunding the transaction is ultimately at the discretion of the issuer. If the issuer allows redemption, funds will be returned and the security issuance cancelled based on the terms and time-frames indicated in the prospectus. To dispute a transaction, you may also file with the payment processor used to consummate the transaction. In that case, you will receive funds directly from your payment processor, your security issuance will be cancelled, and you will cease to receive payments from the issuer.
- 8. Disputes with DeedMatch.comThis agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows:
- 8.1 All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
- 8.2 Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
- 8.3 The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
- 8.4 The arbitrators do not have to explain the reason(s) for their award.
- 8.5 The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
- 8.6 The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
- 8.7 The rules of the arbitration forum in which the claim is filed, and any amendment thereto, shall be incorporated into this agreement.
All controversies that may arise between us (including but not limited to controversies concerning any account, order or transaction, or the continuation, performance, interpretation or breach of this or any other agreement between us, whether entered into or arising before, on or after the date this account is opened) shall be determined by arbitration in accordance with the rules then prevailing of FINRA. You make this arbitration agreement on behalf of yourself and your heirs, administrators, representatives, executors, successors, assigns and together with all other persons claiming a legal or beneficial interest in your account. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein
Any arbitration hearing will be held in California unless otherwise agreed between you and DeedMatch.com or unless the rules of the organization administering the arbitration (i.e., FINRA) require another hearing location. You agree to the personal jurisdiction of the courts of the State of California to interpret and enforce these arbitration provisions described in the agreement. All arbitrations will be held in the English language, unless otherwise agreed to by the parties.
- 9. Limitations of Liability. In no event shall DeedMatch.com or our parent, agents, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the website or service or this agreement (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. Our liability, and the liability of our parent, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
- 10. No Warranty. DeedMatch.com and our parent, employees, agents and suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory. DeedMatch.com and our parent, employees, agents and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. DeedMatch.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the disclaimers provided in this Section 8.9 may not apply to you. This Section gives you specific legal rights and you may also have other legal rights that vary from state to state.
- 10.1 Third Party Data. To the fullest extent permitted under applicable law, DeedMatch.com makes no representation or warranty, express or implied, with respect to any third party data provided to DeedMatch.com or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. DeedMatch.com will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (i) any such inaccuracy, error, delay or omission, (ii) non-performance or (iii) interruption in any such third party data due either to any negligent act or omission by DeedMatch.com or “force majeure” or any other cause beyond reasonable control of the DeedMatch.com.
- 10.2 Processing of Payments. DeedMatch.com will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner, but DeedMatch.com makes no representations or warranties regarding the amount of time needed to complete processing because our service is dependent upon many factors outside of our control, such as delays in the banking system.
- 11. Indemnification. You agree to defend, indemnify and hold DeedMatch.com and its parent, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this agreement and/or your use of the DeedMatch.com services.
- 12. Intellectual Property. "DeedMatch.com," “DeedMatch.com.com," and “Invest wisely. End poverty.” are trademarks and trade names of DeedMatch.com, Inc. All page headers, logos, graphics and icons are protected to the extent allowed under applicable laws. All other designated trademarks and brands are the property of their respective owners. You may not copy, imitate or use any of DeedMatch.com's intellectual property without its prior written consent.
- 12.1 Reporting Intellectual Property Infringement. DeedMatch.com respects the intellectual property of others. You may not post content that infringes on the rights of third parties, including but not limited to intellectual property rights such as copyright, trademark and right of publicity. We reserve the right to remove content where we have grounds to suspect a violation of these terms, our policies or any party’s rights. If you believe that your rights have been violated, please notify us by sending email to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or writing to DeedMatch.com’s designated agent for notice of claims of copyright or other intellectual property infringement, at DeedMatch.com, Attention: Copyright Agent, <<which address?>>.
Please provide the following in any notice of alleged infringement:
- • identification of the material on DeedMatch.com.com that you claim is infringing, with enough detail so that we may locate it on the website (e.g., provide link and description);
- • identification of the rights (or works if relevant) claimed to have been infringed;
- • a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent or the law;
- • a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) you are the rights owner or you are authorized to act on behalf of that rights owner;
- • your address, telephone number and email address; and
- • your physical or electronic signature.
- 13. Assignment. You may not transfer or assign any rights or obligations you have under this agreement without DeedMatch.com's prior written consent. DeedMatch.com reserves the right to transfer or assign this agreement or any right or obligation under this agreement at any time.
- 14. Governing Law. This agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against DeedMatch.com must be resolved by arbitration in California.
- 15. Severability and Waiver. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this agreement in accordance with the Notices section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this agreement.
- 16. Legal Notices. DeedMatch.com may provide notice to you by emailing it to the address listed in your account. Notice shall be considered to be received by you within 24 hours of the time it is emailed to you unless we receive notice that the email was not delivered. Except as otherwise stated, notice to DeedMatch.com must be sent by postal mail to: DeedMatch.com, Attention: Legal Department, <<which address?>>
- 17. General. DeedMatch.com, a Sardina Group company, is located at 5465 Morehouse Dr., Suite 190, San Diego, Ca 92121.
We may change this policy from time to time, and we will post the amended terms on the DeedMatch.com site and notify you by email of major changes. Amended terms will take effect immediately for new users, and 30 days after they are posted for existing users. This agreement may not be otherwise amended except in a writing signed by you and us.
This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 and 8-16 survive any termination of this agreement.
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