
Terms of service
TERMS OF SERVICE PSFNetwork Inc.
These Terms of Service (as updated from time to time as set forth herein, these "Terms") set forth the legally binding terms and conditions for use of services provided by PSFNetwork Inc. ("we," "us," "our," or "PSFNetwork") and, where applicable, its affiliates and subsidiaries, including our website (the "Site"), mobile application, and/or other platform(s) (collectively, the "Services") by you and all other users or visitors of the Services (each, a "user," "you," or "your"). Where references to the issuance of securities appear in these Terms, the applicable issuing entity is the relevant series of PSFNetwork MasterSeries LLC, a Delaware protected series limited liability company managed by PSFNetwork Holding LLC, each an affiliate of PSFNetwork Inc. The Services facilitate access to investment opportunities relating to real estate assets. Any offer or sale of securities is made only through the applicable qualified Offering Circular or Offering Statement filed with the U.S. Securities and Exchange Commission (the "SEC").
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOU LAST ACCESSED THE SERVICES.
Please be aware that these Terms include a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than a jury trial or class action lawsuit.
1. Acceptance; Privacy Policy
You must be 18 years or older to use the Services. You acknowledge that, by accessing, registering for, and/or using, or continuing to access or use, the Services in any manner, you (a) are at least 18 years old and have the right, authority, and capacity to enter into these Terms; (b) agree to and accept these Terms, which also incorporate by reference our Privacy Policy (the "Privacy Policy"); (c) if these Terms have materially changed since you last accessed or used the Services, acknowledge and agree that your continued access or use constitutes your acceptance of these Terms as changed; and (d) consent to receive communications from us electronically, and agree that such electronic communications satisfy any legal requirement that such communications be in writing.
2. Disclaimer Regarding Investments and Related Content for Real Estate Assets
2.1 General Disclaimer; No Recommendation
Nothing contained in the Services, including any PSFNetwork Content (as defined below), constitutes investment, financial, accounting, tax, or legal advice, or should be considered an offer, solicitation of an offer, or advice to buy or sell securities. No communication through the Services shall constitute a recommendation to purchase, sell, hold, or exchange any security or investment product. The presentation of any investment opportunity on the Services does not constitute an endorsement of or recommendation for that investment. Any decisions based on information contained in the Services are the sole responsibility of the user. Users should consult independent financial, legal, and tax advisors before making any investment decision.
2.2 Forward-Looking Statements
The Services may contain forward-looking statements, including property descriptions, financial projections, estimated yields, occupancy assumptions, appreciation forecasts, and similar content. Such statements are based on current expectations and assumptions that are inherently subject to risks and uncertainties, and actual results may differ materially. Words such as "anticipate," "believe," "estimate," "expect," "project," "should," or similar expressions are intended to identify forward-looking statements. PSFNetwork undertakes no obligation to update any forward-looking statement. All projections and estimates are presented for illustrative purposes only and do not constitute a guarantee of future performance. Users should not place undue reliance on forward-looking statements.
2.3 General Risks; Liquidity and Transfer Restrictions
Investing involves risk, including market risks and macro conditions such as inflation and political and economic risk, and investments may lose value. Before investing, consider your investment objectives, financial resources, experience and risk tolerance, and fees related to investing through the Services. Past performance does not guarantee future results. Investing in real estate assets, and in securities representing interests in real estate assets, involves higher risks than traditional investments and may have different financial and tax implications. There is no guarantee that the objectives of any offering will be achieved, that investors will receive a return of any capital invested, or that any Series Asset will appreciate in value.
Securities purchased through offerings made available on the Services may be subject to significant transfer restrictions and may be illiquid. Investors should be prepared to hold any investment made through the Services indefinitely and may not be able to liquidate their investment when desired, if at all. There is currently no established public trading market for the securities offered through the Services, and there can be no assurance that any such market will develop. PSFNetwork does not guarantee the availability of any secondary market, trading venue, alternative trading system, exchange, liquidity facility, repurchase program, or redemption mechanism at any time. Transfers of securities are subject to restrictions imposed by applicable federal and state securities laws, the governing Operating Agreement, the applicable Series Designation, broker-dealer requirements, transfer agent procedures, and other contractual restrictions. No transfer of any interest shall be valid or effective without the prior written consent of the Managing Member, as further described in the applicable Operating Agreement and Offering Documents.
2.4 Platform Status; Broker-Dealer Relationships
PSFNetwork is a technology platform and is not a registered broker-dealer, funding portal, investment adviser, transfer agent, bank, escrow agent, or fiduciary. PSFNetwork does not hold, transmit, or safeguard investor funds or securities in its capacity as a technology platform. Securities offerings made available through the Services are facilitated through one or more registered broker-dealers and other regulated service providers that are independent of PSFNetwork, as described in the applicable Offering Documents. The identity, compensation, and scope of services of such service providers are disclosed in the applicable Offering Circular. PSFNetwork is not a member of FINRA, SIPC, or any self-regulatory organization, and users should not rely on any protections afforded by such membership in connection with their relationship with PSFNetwork as a platform.
2.5 Regulation A Offerings; Testing the Waters
Securities offerings made available through the Services are conducted pursuant to Regulation A under the Securities Act of 1933, as amended (the "Securities Act"). Any offer or sale of securities is made only through the applicable qualified Offering Circular or Offering Statement; the Services do not constitute an offer or sale. PSFNetwork or its affiliates may engage in "testing the waters" communications prior to the qualification of an offering under Rule 255 under the Securities Act. Any such communication is not an offer to sell or a solicitation of an offer to buy any security, does not constitute a binding commitment to proceed with any offering, and may be revised or withdrawn at any time without notice. Indications of interest carry no legal obligation to invest. Investment decisions should be based solely on the applicable qualified Offering Circular or Offering Statement, available through the Services and on SEC EDGAR at www.sec.gov.
2.6 Square Foot Ownership Terminology
References on the Services to "square foot ownership," "ownership by the square foot," "buying real estate one square foot at a time," or similar terminology are descriptive in nature only. Investors acquire securities issued by the applicable issuer entity and do not acquire direct ownership of any specific square foot, portion, or physical segment of a property except as expressly provided in the applicable Offering Documents. Such terminology is used solely for illustrative purposes to describe the proportional economic nature of interests in the applicable Series and does not constitute a representation that any investor holds title to, a leasehold interest in, or any legally cognizable property interest in any defined physical portion of any real property.
2.7 Real Estate Professional Information; Rankings
Information relating to real estate agents, brokers, property managers, sponsors, historical transaction performance, rankings, ratings, reviews, or similar information is provided solely for informational purposes and shall not constitute a recommendation, endorsement, investment advice, or solicitation. Where the Services display rankings, ratings, or similar comparative metrics, such rankings are based on methodologies that may change at any time without notice, historical rankings do not predict future performance, data may be obtained from third-party sources that PSFNetwork has not independently verified, and the inclusion or exclusion of any person or property does not constitute an endorsement or disqualification by PSFNetwork. Users should independently verify any such information before relying on it.
2.8 Analytical Tools; Artificial Intelligence
The Services may include calculators, projections, simulations, artificial intelligence generated analyses, portfolio construction tools, automated valuation models, and similar features. Any outputs of such tools are subject to the forward-looking statement cautionary language in Section 2.2 and are additionally subject to the risks of automated and AI-generated analysis, including incomplete or inaccurate data, model error, and algorithmic bias. Such outputs are provided for informational purposes only and are not investment advice. PSFNetwork expressly disclaims any liability arising from user reliance on automated or AI-generated outputs.
2.9 Property Information; Data Accuracy
Property information presented on the Services, including descriptions, square footage, rental income, occupancy rates, capital expenditure estimates, and financial projections, may be obtained in whole or in part from third-party sources. PSFNetwork does not independently verify all such information and makes no representation as to its accuracy, completeness, or timeliness. Users should conduct independent due diligence with respect to any property or investment opportunity prior to making any investment decision.
2.10 Tax Matters
The tax consequences of an investment made through the Services may be complex and may differ substantially among investors. PSFNetwork does not provide tax advice, and nothing in the Services should be construed as tax advice. Depending on the tax classification of the applicable Series, investors may receive Schedule K-1 forms, IRS Form 1099 series forms, or other tax reporting documents. The applicable Offering Documents describe the anticipated tax treatment of each investment. Users are strongly encouraged to consult a qualified tax advisor before making any investment decision.
2.11 Jurisdictional Availability; Sanctions Compliance
Securities offerings made available through the Services are made only in jurisdictions where legally permitted under applicable federal, state, and foreign securities laws. PSFNetwork reserves the right to restrict access to any offering to investors in any jurisdiction at any time and without notice. By using the Services, you represent and warrant that you are not a person or entity that is subject to applicable economic sanctions laws or regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), and that you are not acting on behalf of any such person or entity. PSFNetwork reserves the right to reject any investor application or restrict access in order to comply with applicable sanctions requirements.
2.12 Regulatory Change; No Fiduciary Relationship
Applicable laws, regulations, and regulatory interpretations may change and may adversely affect investments, platform functionality, transferability, taxation, or availability of offerings. PSFNetwork makes no representation that the current regulatory environment will remain unchanged. Nothing in these Terms or the Services creates any fiduciary, advisory, agency, partnership, joint venture, trust, or other special relationship between PSFNetwork and any user. PSFNetwork acts solely as an operator of a technology platform.
2.13 Offering Documents Supremacy; Blockchain Reservation
In the event of any conflict between information presented on the Services and the terms of any Offering Circular, Offering Statement, Subscription Agreement, Operating Agreement, Series Designation, or other offering document (collectively, "Offering Documents"), the applicable Offering Document shall govern and control. The Services are not a substitute for the Offering Documents. The Services may now or in the future incorporate blockchain technologies, distributed ledger technologies, tokenization systems, or similar systems for ownership recordkeeping, transfers, or settlement. Nothing herein creates any obligation to issue tokens, digital securities, blockchain-based interests, or any other digital asset. Any such implementation would be subject to additional disclosures and terms as determined by PSFNetwork in its sole discretion.
2.14 Investor Representations
By using the Services, you represent and warrant that, with respect to making, or the decision to make, an investment in any security made available on or through the Services:
(a) You have read and understand the discussion of risks herein and are aware of the risks of any investment in real estate assets or securities representing interests in real estate assets;
(b) You will use your own independent judgment before making any investment decision and will obtain professional legal, accounting, financial, or other relevant advice as appropriate;
(c) You are solely responsible for complying with applicable law regarding any transaction, including the determination of whether any investment complies with applicable local law;
(d) You understand that PSFNetwork is not acting as an investment adviser in relation to any securities made available through the Services and is not responsible for the success or failure of any investment; and
(e) You are not a person or entity subject to applicable sanctions laws or regulations, including those administered by OFAC, and you are not acting on behalf of any such person or entity.
3. License; Accessing the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services for your personal, non-commercial use. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk. Any rights not expressly granted herein are reserved by PSFNetwork and its licensors. You are responsible for making all arrangements necessary for you to access the Services, including compatible hardware, software, and internet access.
4. No Guarantee of Service
Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services temporarily or permanently. We reserve the right to discontinue, change, suspend, remove, and/or disable access to any Service and to impose limits on use, in each case at any time and without notice or liability. From time to time, we may also restrict access to some or all Services to registered users.
5. Account Registration
Some or all of the Services may require that you register for an account with us. You agree that the information you provide upon registration is true, accurate, current, and complete. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, or permit anyone else to use your account. We have the right to disable or close any user account at any time and for any or no reason. As part of account registration and investor onboarding, you may be required to complete identity verification, anti-money laundering ("AML"), know-your-customer ("KYC"), and accreditation verification procedures as required by applicable law. You agree to provide accurate, complete, and current information in connection with such procedures and to promptly update such information if it changes.
6. Account Security
Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose them to any third party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or that there has been any unauthorized use of your account or any other breach of security.
7. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct. You agree not to, and will not assist, encourage, or enable others to:
(a) Use the Services:
(i) For any commercial purpose, except as expressly permitted under these Terms;
(ii) In a manner that is defamatory, abusive, threatening, offensive, an invasion of a right of privacy of another person, or could otherwise be reasonably expected to harm any person or entity;
(iii) To violate any applicable national, regional, federal, state, local, or international law or regulation, or to encourage any such violation or any illegal activity;
(iv) To create, send, knowingly receive, display, transmit, use, or reuse any material which: (A) infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any other person; (B) violates the legal rights of others or could give rise to civil or criminal liability under applicable laws; or (C) is likely to deceive or confuse any person;
(v) To violate these Terms or any other rules or policies posted by us on our website or otherwise provided to you;
(vi) To transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature; or
(vii) To violate the security of any computer network or crack passwords or security encryption codes;
(b) Reverse engineer, decompile, reverse assemble, or perform any other operation on or with the Services that would reveal any source code, trade secrets, know-how, or other proprietary information;
(c) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by PSFNetwork;
(d) Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services;
(e) Record, process, harvest, collect, or mine information about other users;
(f) Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database;
(g) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose;
(h) Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services;
(i) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services;
(j) Attack the Services via a denial-of-service, distributed denial-of-service, or other form of attack; or
(k) Otherwise attempt to interfere with the proper working of the Services.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them without providing 30 days' prior written notice to us at legal@psfnetwork.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
8. International Users and Investors
The Services may be accessed from jurisdictions outside the United States. However, securities offerings made available through the Services are offered only in jurisdictions where such offerings may lawfully be made and only to persons who are legally permitted to participate in such offerings.
PSFNetwork makes no representation that the Services, any offering, or any content available through the Services are appropriate or available for use in any jurisdiction outside the United States. Access to the Services from jurisdictions where such access or participation would be illegal is prohibited.
Non-U.S. users and investors are solely responsible for understanding and complying with any laws, regulations, tax obligations, exchange control restrictions, reporting requirements, or other legal requirements applicable in their jurisdiction. PSFNetwork shall have no responsibility or liability arising from a user's failure to comply with applicable local laws.
PSFNetwork reserves the right, at any time and in its sole discretion, to restrict, suspend, or prohibit access to the Services or participation in any offering by persons located in, residing in, or subject to the laws of any jurisdiction.
9. Intellectual Property Ownership
We own the Services and all of our trademarks, logos, branding, and any other content we create in connection with the Services ("PSFNetwork Content"), including all current and future proprietary rights, registered or unregistered, associated with such content (collectively, "PSFNetwork IP"). Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the PSFNetwork IP are retained by us. We do not endorse any content made available through the Services by any user or other licensor, and we expressly disclaim all liability in connection with such content.
10. Feedback
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@psfnetwork.com. By sending us any Feedback, you agree that (a) the Feedback does not contain the confidential or proprietary information of third parties; (b) we are under no obligation of confidentiality with respect to the Feedback; and (c) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback.
11. Links to Other Sites
Links to other websites on the Services are provided only for the convenience of our users. We have no control over the contents of those sites and cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked through the Services, you do so entirely at your own risk and subject to that site's own terms and conditions.
12. No Warranty
PSFNETWORK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND/OR FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PSFNETWORK DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY CONTENT. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. PSFNETWORK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, PSFNETWORK DISCLAIMS ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PSFNETWORK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ANY RELIANCE UPON EITHER ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PSFNETWORK OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR NEGLIGENCE). IN NO EVENT SHALL PSFNETWORK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION 13 SHALL LIMIT ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE FEDERAL SECURITIES LAWS.
14. Indemnification
You agree to indemnify and hold harmless PSFNetwork and its subsidiaries, affiliates, and licensors and their respective owners, managers, officers, directors, members, shareholders, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) resulting from (a) your violation of these Terms; (b) your use or access of the Services; (c) your violation of any third-party right; (d) any claim that your use of the Services caused damage to a third party; or (e) any decision that you make based on the Services, content, or any investment vehicle made available via the Services.
15. Governing Law
These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Wilmington, Delaware. Notwithstanding the foregoing, nothing in this Section shall limit any right to bring claims in any court of competent jurisdiction arising under the federal securities laws of the United States.
16. Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PSFNETWORK. For any dispute with PSFNetwork, you agree to first contact us at legal@psfnetwork.com and attempt to resolve the dispute with us informally. In the unlikely event that PSFNetwork has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below, and excluding any claims arising under the federal securities laws of the United States to the extent such claims may not be submitted to binding arbitration under applicable law) arising out of, in connection with, or relating to these Terms, or the breach or alleged breach hereof (collectively, "Claims"), by binding arbitration by JAMS, under the "Optional Expedited Arbitration Procedures" then in effect for JAMS, except as provided herein. JAMS may be contacted at https://www.jamsadr.com/. The arbitration will be conducted in Wilmington, Delaware, unless you and PSFNetwork agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative, and/or arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed to prevent PSFNetwork from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
17. Class Action and Jury Trial Waivers
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PSFNETWORK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE ANY RIGHT THAT CANNOT BE WAIVED UNDER APPLICABLE FEDERAL SECURITIES LAWS, INCLUDING THE RIGHT TO BRING CLAIMS UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES EXCHANGE ACT OF 1934 IN A COURT OF COMPETENT JURISDICTION, TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
18. Electronic Signatures; ESIGN Consent
By using the Services, including by completing any account registration, investor onboarding, or subscription process, you consent to the use of electronic records and electronic signatures in connection with all transactions and agreements entered into through the Services, in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) ("ESIGN") and the Uniform Electronic Transactions Act ("UETA"). Electronic signatures, whether affixed through a click-wrap acceptance, typed name, or digital signature platform, constitute valid, legally binding signatures to the same extent as physical ink signatures. You may withdraw your consent to electronic records and signatures by contacting us at legal@psfnetwork.com, but doing so may prevent you from using certain features of the Services or completing any pending investment transaction.
19. Changes to These Terms
We reserve the right to modify these Terms at any time. Such modifications will be effective immediately and incorporated into these Terms. Your continued use of the Services will be deemed acceptance hereof. We will notify you of material changes by email or posting a notice on our website prior to the effective date of such changes.
20. Termination
PSFNetwork may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your registration and account, you may do so at any time by contacting us at support@psfnetwork.com. Upon any termination, all rights and obligations of the parties shall cease, except that (a) all obligations that accrued prior to the effective date of termination, (b) all remedies for breach of these Terms, and (c) the provisions of Sections 8, 9, 12 through 18, 21 through 23 shall survive.
21. Payment Terms
21.1 Electronic Fund Transfers
We may process electronic funds transfers ("EFTs") as a method to facilitate the purchase of investment interests, distributions, return of funds, and refunds in connection with offerings made available through the Services. EFTs are processed through automated clearing house (ACH) transfers, Fedwire, and such other payment methods as may be specified in connection with the applicable offering. In order to use certain payment functionality available through the Services, you authorize PSFNetwork to share your identity, payment, and bank account information with one or more registered broker-dealers, payment processors, escrow providers, banking partners, financial technology service providers, and other third-party service providers engaged in connection with the Services and applicable offerings. You acknowledge and agree that electronic fund transfers are processed by such third parties in accordance with their applicable agreements, policies, and procedures, and you are responsible for the accuracy and completeness of the information you provide in connection with such services. You understand that you will access and are responsible for managing your bank account data through the Services. You also authorize PSFNetwork and its third-party service providers to process EFTs as you direct through the Services. You acknowledge that EFT services are provided by independent third-party service providers and that PSFNetwork shall not be liable for any loss, expense, cost, delay, error, interruption, or failure arising out of EFT services provided by such third parties. Any third-party service provider engaged in connection with payment processing, escrow administration, or electronic fund transfer services may be an intended third-party beneficiary of this Section to the extent necessary to enforce its rights and protections hereunder.
21.2 Escrow Arrangements
Subscription funds submitted in connection with an investment offering are held in a non-interest-bearing escrow account by NCPS as escrow facilitator, for the benefit of subscribers, in accordance with the terms of the applicable escrow agreement and applicable law. Subscription funds are not commingled with the operating accounts of PSFNetwork Inc., PSFNetwork MasterSeries LLC, or any Series, and remain the property of each subscriber until the applicable offering closes or funds are returned. If the maximum offering amount for a Series is not raised during the term of the offering, or if the offering is otherwise terminated, all subscription funds will be promptly returned to investors without interest or deduction. PSFNetwork shall not be liable for any losses arising from the failure, insolvency, or default of any escrow agent, escrow facilitator, or financial institution holding subscription or escrow funds. The specific terms governing escrow mechanics, disbursement conditions, and return procedures are set forth in the applicable Offering Documents and escrow agreement.
22. Confidentiality of Non-Public Materials
Certain non-public information made available to you in connection with your access to the Services or any offering — including non-public due diligence materials, property-specific financial data, internal projections, and other materials expressly designated as confidential by PSFNetwork — may be subject to obligations of confidentiality. Confidential Information does not include (a) any Offering Circular, Offering Statement, or other document publicly filed with the SEC; (b) information that becomes publicly available through no act or omission of yours; or (c) information you rightfully received from a third party without restriction. You agree to treat all Confidential Information as confidential and to use it solely for evaluating and monitoring your investment. You agree not to disclose Confidential Information to any third party without the prior written consent of PSFNetwork, except as required by applicable law or to your professional advisors who are bound by equivalent obligations of confidentiality.
23. General Terms
These Terms constitute the sole and entire agreement between you and PSFNetwork with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services; provided, however, that in the event of any conflict between these Terms and any applicable Offering Document, the Offering Document shall govern and control as set forth in Section 2.13. No waiver of these Terms by PSFNetwork shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of PSFNetwork to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect. You hereby grant PSFNetwork the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that we have the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including, but not limited to, our right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights). In the event of loss or theft of any device on which the Services is installed or connected to your account, or you otherwise learn that your account is compromised, you shall notify us immediately at support@psfnetwork.com.
24. Contact Us
We welcome your questions and comments about these Terms. Please contact us via email at legal@psfnetwork.com.
Registered Agent and Legal Notice Address:
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