Disclaimer

Fair Trade Real Estate Privacy Policy

Last updated on June 17, 2026

Website Disclaimer

* The information provided by Fair Trade Real Estate (‘we,” “us,” or “our”) on fairtraderealestate.com/clarity.ftre.cloud (the'” our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however, we make no representation or warranty of any kind, express regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY L DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPL OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. Y OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON TH AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

External Link Disclaimer

The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY- WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Professional Disclaimer

The Site cannot and does not contain real estate advice. The real estate information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of real estate advice. THE USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

Testimonial Disclaimer

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio, and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

Privacy Policy

Introduction

Fair Trade Real Estate LLC (“Fair Trade Real Estate” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website fairtraderealestate.com (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

Any other website operated by Fair Trade Real Estate or any third party (including our affiliates and subsidiaries); or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children

Our Website is not intended for children, as defined under applicable law. Children may not provide any information to or on the Website. We do not knowingly collect personal information from children. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child, please contact us at [email protected].

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or other identifiers by which you may be contacted online or offline (“personal information”);
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of requesting wholesale deal information, creating or logging in to an investor account (including the Clarity platform), downloading resources, contacting us, or subscribing to our newsletter. This information may include your name, phone number, email address, company, password, information related to how you typically invest, the markets you operate in, your entity name and investment profile, and your real estate investment experience.
Information provided by property sellers, including street address, property condition, reason for selling, preferred sale timeline, and contact information.
Records and copies of your correspondence (including email addresses), if you contact us.
Information you provide when you apply for a job with Fair Trade Real Estate. This may include your name, email address, telephone number, location (city), resume/CV, cover letter, school, degree, discipline, start date, end date, LinkedIn profile, website, and information related to how you heard about the position.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Choices About How We Use and Disclose Your Information for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are provided by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across devices and different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

International Data Transfers

We may transfer the personal data we collect about you to countries other than the country in which the data was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the data. When we transfer your personal data to other countries, we will protect the data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of personal data to countries outside the EEA or the United States.

Data Retention

We retain personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from the unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To improve and optimize our Website and its content and deliver better and more customized user experiences.
To effect advertising and marketing efforts.
To collect and process applications for employment.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To notify you about changes to our Website or any products or services we offer or provide through it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To real estate investors, wholesale buyers, title companies, escrow companies, and other transaction participants.
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business, including advertising networks, call tracking providers, data analytics providers, marketing providers, social networks (including links to our Facebook, Instagram, LinkedIn, Twitter, and YouTube pages), technology providers, video sharing platforms (including YouTube and Vimeo (for more information about YouTube, see Google’s privacy policy at: https://www.google.com/policies/privacy)), and web mapping platforms.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fair Trade Real Estate’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fair Trade Real Estate about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fair Trade Real Estate, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We do not respond to “Do Not Track” signals at this time (to find out more about “Do Not Track,” please visit http://www.allaboutdnt.com); however, we have created mechanisms to provide you with the following control over your information:

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We use the Facebook Pixel to analyze user activity on our Website for remarketing and behavioral targeting. The Facebook Pixel is triggered when you perform certain activities on the Website, and aids us in displaying Facebook ads to Facebook users who have visited our Website, or Facebook users who share certain characteristics with visitors to our Website. Facebook and other third parties may use cookies, web beacons, and other storage technologies to collect information from the Website and from other Internet websites, and use that information for the purposes of targeting ads and providing measurement services. Facebook may track your activity over time and across websites. For more information about the data Facebook collects, please visit Facebook’s data policy at: https://www.facebook.com/privacy/explanation. For information about ad targeting and exercising your choice to opt out of the collection and use of information for ad targeting, please visit: https://www.facebook.com/help/568137493302217 or http://optout.aboutads.info/?c=2&lang=EN. Google Analytics also collects personal data through the Website, including through the use of cookies. For information about how Google Analytics collects and processes data, please visit: https://policies.google.com/technologies/partner-sites. To opt out of having your information used by Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout/. Microsoft also collects or receives personal information from us to provide Microsoft Advertising. For more information, please visit the Microsoft Privacy Statement at: https://privacy.microsoft.com/en-us/privacystatement.

Disclosure of Your Information for Third-Party Advertising. We do not share your personal information with unaffiliated or non-agent third parties for promotional purposes unless you provide explicit consent. If you have previously given consent and wish to withdraw it, you can opt-out by sending us an email stating your request to [email protected].

Promotional Offers from Fair Trade Real Estate. If you do not wish to have your information used by Fair Trade Real Estate to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions, or click “unsubscribe” in the relevant communication. If we have sent you a promotional text message, you may opt out of receiving further messages by replying “STOP” to the relevant communication. This opt-out does not apply to information provided to Fair Trade Real Estate as a result of a product purchase, warranty registration, product service experience, or other transactions.

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to [email protected]. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website (https://thenai.org/). You can also visit the Digital Advertising Alliance’s opt-out page at: https://youradchoices.com/.

California Privacy Rights and Other State Privacy Laws

Except as otherwise provided, this section applies to residents of California, Colorado, Connecticut, and Virginia to the extent they have privacy laws applicable to our Website that grant residents the rights described below, including the California Consumer Privacy Act (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“PDPOM”), and the Virginia Consumer Data Protection Act (“CDPA”) (collectively, the “State Privacy Laws”).

Please note that not all rights listed below may be extended to all users of our Website. If you are not a resident of one of the states listed above, you may not be able to exercise these rights. For purposes of this section, “Personal Information” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside, but does not include information exempted from the scope of the State Privacy Laws.

Your Privacy Rights

Information/Know. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

The categories of Personal Information that we have collected.
The categories of sources from which we collected Personal Information.
The business or commercial purpose for collecting and/or selling Personal Information.
The categories of third parties with whom we share Personal Information.
The categories of Personal Information we have sold or disclosed for a business purpose.
The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.

Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

Appeal. You can appeal our denial of any request validly submitted.

Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.

Deletion. You can ask us to delete the Personal Information that we have collected from you.

Opt-out of the Sale or Sharing for Targeted Advertising Purposes. You can opt-out of the sale of Personal Information and of certain processing of Personal Information for targeted advertising purposes.

Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.

Right to Opt-Out of the “Sale” or “Sharing” of Your Personal Information for Targeted Advertising. We do not sell your Personal Information in the conventional sense (i.e., for money). However, like many companies, we may share certain information with third parties and we use services that help deliver interest-based ads to you. State Privacy Laws may classify this data sharing and our use of these services as a “sale” or “sharing” of your Personal Information to the advertising partners that provide these services. You can request to opt-out of this “sale” or “sharing” of your personal information by emailing [email protected].

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

How to Exercise Your Rights

You may exercise your Privacy Rights described above by emailing [email protected]. Please note, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you in accordance with applicable law. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].

Terms of Use

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an organization or entity (“you”) and Fair Trade Real Estate LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Fair Trade Real Estate”, “we”, “us”, or “our”), concerning your access to and use of the Fair Trade Real Estate website https://fairtraderealestate.com as well as any other services, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

Please be advised these Terms of Use contain provisions that govern how claims between you and Fair Trade Real Estate can be brought. These provisions will, with limited exception, require you to waive your right to a jury trial, and submit claims you have against us to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

USE OF THE SITE

Our Site is designed for use by real estate investors. The results you generate using our Site are based on the information you enter and the customizable guidelines you select.

You agree that by accessing the Site, you understand and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to use, download, or print a copy of any portion of the Content to which you have properly gained access for your or your organization’s commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit (including but not limited to your affiliation with any entity or organization as an employee, contractor or other representative) is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, either personally, or as a representative of a specific entity or organization, and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your or your organization’s account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

In order to use certain features of the Site you may be required to register with the Site and create an account. If you choose to register you will be required to enter certain information about yourself, including your contact information, and information relating to your employer and/or any organization you represent. You must create a username and password upon completing the registration process. You agree to keep your password confidential and will be responsible for all use of your account and password. You must provide us with accurate and up-to-date information, and you agree to update such information, as needed, to keep it accurate. If you are unable or unwilling to provide accurate and up-to-date information we may suspend or terminate your account. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security, and ensure that you exit from your account at the end of each session. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

TERM, TERMINATION, AND CANCELLATION

These Terms of Use shall remain in full force and effect while you use the Site. You can terminate your account at any time by contacting us at [email protected]. If you are unsatisfied with our services, please email us at [email protected].

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU ENTERED, UPLOADED, OR POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

(1) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

(2) Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

(3) Use a buying agent or purchasing agent to make purchases on the Site;

(4) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;

(5) Engage in unauthorized framing of or linking to the Site;

(6) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

(7) Make improper use of our support services or submit false reports of abuse or misconduct;

(8) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

(9) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;

(10) Attempt to impersonate another user or person or use the username of another user;

(11) Sell or otherwise transfer your profile and/or account;

(12) Use any information obtained from the Site in order to harass, abuse, or harm another person;

(13) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;

(14) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;

(15) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;

(16) Delete the copyright or other proprietary rights notice from any Content;

(17) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

(18) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;

(19) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

(20) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;

(21) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software;

(22) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;

(23) Use the Site in a manner inconsistent with any applicable laws or regulations;

(24) Use the services to create disinformation or spam content;

(25) Violate or create a violation of any policy posted on our Site.

USER CONTENT, DATA, AND SUBMISSIONS

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site (“User Data”). Although we perform regular routine backups of User Data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such User Data, and you hereby waive any right of action against us arising from any such loss or corruption of such User Data.

The Site does not offer users the ability to submit or post content for display on the Site. Any text, writings, video, audio, photographs, graphics, comments, suggestions, or other material you contribute, source, or create using the Site (“User Generated Content”) is intended for commercial use by you and/or the organization you represent. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy (https://fairtraderealestate.com/privacy-policy/). You agree that we may access, store, process, and use any information, personal and/or company data that you provide following the terms of the Privacy Policy (https://fairtraderealestate.com/privacy-policy/) and your choices (including settings).

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify and exonerate us from any and all responsibility as more specifically set forth herein, and to refrain from any legal action against us regarding your Contributions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. By submitting Submissions, you agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

When you create or make available any User Generated Content, Contributions, or Submissions (collectively “User Content”), you thereby represent and warrant that: (1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use the User Content in any manner contemplated by the Site and these Terms of Use; (3) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Site and these Terms of Use; (4) The User Content is not false, inaccurate, or misleading; (5) The User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; (6) The User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); (7) The User Content does not ridicule, mock, disparage, intimidate, or abuse any person, group, or entity; (8) The User Content is not used to harass or threaten any other person, group, or entity or to promote violence against a specific person, group, or entity; (9) The User Content does not violate, or encourage any conduct that would violate, any applicable law, regulation, or rule; (10) The User Content does not violate the privacy or publicity rights of any third party; (11) The User Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner; (12) Your Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; (13) The User Content does not include or promote any offensive comments that are connected to characteristics including but not limited to race, color, religion, national origin, gender, sex (including sexual orientation or gender identity), age, disease, or disability; (14) The User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, our Privacy Policy (https://fairtraderealestate.com/privacy-policy/), or any applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

For purposes of providing, developing and supporting the Site, from time to time, we may use User Content and/or User Data as reference materials for purposes of internal testing and improving the Site’s analytical processes and techniques, including internal algorithm development and improvement by means of training of the Site’s artificial intelligence and machine learning systems. Any improvements and enhancements to the Site resulting from use of User Content and/or Submissions may be made available to our users generally.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links or references to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites to which you navigate from the Site or relating to any applications you use or install from the Site. Any use of or purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such use or purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not vet, approve, or endorse any Third-Party Content, or any products or services displayed or offered on Third-Party Websites, and you shall defend and hold us harmless from any harm caused by your use of such Third-Party Content, or purchase of products or services from Third-Party Websites. Additionally, you shall defend and hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any User Content or User Data or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://fairtraderealestate.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles.

DISPUTE RESOLUTION

Informal Negotiations.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration.

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the American Arbitration Association and shall be conducted in Los Angeles, California. The number of arbitrators shall be three (3). The language to be used in the proceedings shall be English.

Restrictions.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OR SEARCHED BY THE SITE OR OUR SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED, DISPLAYED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING YOUR USE OF THIRD PARTY CONTENT, PRODUCTS, OR SERVICES, OR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THIRD PARTY CONTENT, PRODUCTS, OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BECAUSE ACCESS TO THE SITE IS PROVIDED FREE OF CHARGE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO ZERO DOLLARS ($0). THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our parents, subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. For more information, please review our Privacy Policy at: https://fairtraderealestate.com/privacy-policy/.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected].

Clarity Privacy Policy

Introduction

Fair Trade Real Estate LLC (“Fair Trade Real Estate”, “We”, “us”, or “our”) operates Clarity, the private investor platform accessible at https://clarity.ftre.cloud. We respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you access and use Clarity, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On the Clarity platform at https://clarity.ftre.cloud.
In email, text, and other electronic messages between you and Clarity.
Through your interactions with wholesale deal listings, property documents, and other content made available through Clarity.

It does not apply to information collected by any other website operated by Fair Trade Real Estate or any third party, including affiliates and subsidiaries, or by any third party through any application or content that may link to or be accessible from Clarity.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use Clarity. By accessing or using Clarity, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of Clarity after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children

Clarity is not intended for children, as defined under applicable law. Children may not provide any information to or through Clarity. We do not knowingly collect personal information from children. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child, please contact us at [email protected].

Information We Collect About You and How We Collect It

We collect several types of information from and about users of Clarity, including information:

By which you may be personally identified, such as name, mobile phone number, email address, or other identifiers by which you may be contacted online or offline (“personal information”);
About your interactions with property listings, documents, and other content made available through Clarity;
About your internet connection, the equipment you use to access Clarity, and usage details.

We collect this information:

Directly from you when you provide it to us during the investor screening and verification process.
Automatically as you navigate through and interact with Clarity, including through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through Clarity may include:

Information provided during the investor screening process, including your name, mobile phone number, email address, company or entity name, investment profile, the markets you operate in, and your real estate investment experience.
Information provided by property sellers that is made available to verified investors through Clarity, including property address, condition, reason for selling, and preferred sale timeline.
Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Information you provide when you apply for a position with Fair Trade Real Estate, including your name, email address, telephone number, location, resume or CV, cover letter, school, degree, LinkedIn profile, and information related to how you heard about the position.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with Clarity, we use automatic data collection technologies to collect certain information about your equipment, browsing actions, and interaction patterns, including:

Details of your visits to Clarity, including traffic data, location data, logs, and other communication data and the resources that you access and use on the platform.
Information about your computer or mobile device and internet connection, including your IP address, operating system, and browser type.
Platform interaction data, including time spent on individual property listings, links and images clicked, property documents viewed, and other behavioral signals related to how you engage with wholesale deal content made available through Clarity.

Platform interaction data is collected solely for internal use. It is used to help Fair Trade Real Estate understand how verified investors engage with property listings and deal content so that our team and internal systems can better serve investors and improve the overall Clarity experience. This data is never sold, rented, or shared with third parties for advertising, marketing, or any other external purpose.

The information we collect automatically helps us to improve Clarity and deliver a more personalized and effective experience, including by enabling us to:

Understand which property listings and deal types generate the most investor interest.
Identify how investors navigate and engage with deal content so our team can follow up more effectively.
Recognize you when you return to Clarity and maintain continuity of your verified session.
Improve the quality and relevance of the deals and information we present to you.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Clarity.
Web Beacons. Pages of Clarity and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or opened an email and for other related platform statistics.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on Clarity may be provided by third parties, including content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use Clarity. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about third-party content or tracking, you should contact the responsible provider directly.

International Data Transfers

Data Retention

We retain personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. Platform interaction data collected through Clarity is retained for as long as reasonably necessary to support our internal analytics, improve platform performance, and serve verified investors more effectively. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present Clarity and its contents to you.
To verify your identity and eligibility as an investor through the screening process.
To provide you with wholesale deal listings, property documents, and other content relevant to your investment activity.
To analyze how you interact with deal content and property listings so that our team and internal systems can better serve you.
To improve and optimize Clarity and deliver a more personalized investor experience.
To fulfill any other purpose for which you provide information.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To notify you about changes to Clarity or any products or services we offer or provide through it.
To collect and process applications for employment.
For any other purpose with your consent.

We do not use your personal information or platform interaction data to deliver third-party advertising, and we do not sell or share your data with external advertising partners.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To real estate investors, wholesale buyers, title companies, escrow companies, and other transaction participants as necessary to facilitate a deal you are participating in.
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and the operation of Clarity, including technology providers, data analytics providers, and communication platforms.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fair Trade Real Estate’s assets, in which personal information held by Fair Trade Real Estate about Clarity users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use and other agreements.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fair Trade Real Estate, our investors, or others.

We do not sell, rent, or share your personal information or platform interaction data with unaffiliated third parties for advertising, marketing, or any other commercial purpose outside of the disclosures described above.

Choices About How We Use and Disclose Your Information

Promotional Offers. If you do not wish to have your contact information used by Fair Trade Real Estate to send promotional communications, you can opt-out by emailing [email protected]. If we have sent you a promotional email, you may click “unsubscribe” in the relevant communication or email us to be removed. If we have sent you a promotional text message, you may opt out by replying “STOP.”

Platform Interaction Data. If you wish to request that we cease collecting behavioral interaction data associated with your account, you may submit that request to [email protected]. Please note that some platform functionality may be affected if interaction data collection is disabled for your account.

California Privacy Rights and Other State Privacy Laws

Except as otherwise provided, this section applies to residents of California, Colorado, Connecticut, and Virginia to the extent they have privacy laws applicable to Clarity that grant residents the rights described below, including the California Consumer Privacy Act (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“PDPOM”), and the Virginia Consumer Data Protection Act (“CDPA”) (collectively, the “State Privacy Laws”).

Please note that not all rights listed below may be extended to all users of Clarity. For purposes of this section, “Personal Information” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside, but does not include information exempted from the scope of the State Privacy Laws.

Categories of Personal Information We Collect

In the preceding 12 months, we have collected the following categories of personal information from Clarity users:

Identifiers, such as name, mobile phone number, and email address.
Professional or employment-related information, such as company name, investment profile, and market activity.
Internet or other electronic network activity information, such as time spent on property listings, links clicked, images viewed, documents accessed, and other behavioral interaction data collected through your use of Clarity.
Geolocation data, such as general location inferred from IP address.

We collect this information for the internal business purposes described in this Privacy Policy. We do not sell this information.

Your Privacy Rights

Information/Know. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

The categories of Personal Information that we have collected.
The categories of sources from which we collected Personal Information.
The business or commercial purpose for collecting Personal Information.
The categories of third parties with whom we share Personal Information.
The specific pieces of Personal Information we have collected about you.

Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

Appeal. You can appeal our denial of any request validly submitted.

Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.

Deletion. You can ask us to delete the Personal Information that we have collected from you.

Opt-Out of Sale or Sharing. We do not sell your Personal Information or share it for targeted advertising purposes. If this practice changes, we will update this Privacy Policy and provide you with the ability to opt out.

Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services, increasing the price or rate of services, decreasing service quality, or suggesting that we may penalize you for exercising your rights.

If you are a California resident, California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of Clarity who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

How to Exercise Your Rights

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Access to Clarity is restricted to verified investors who have completed our screening process and authenticate via a one-time passcode sent to their registered mobile phone number. The safety and security of your information also depends on you. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to Clarity. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the platform.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you in accordance with applicable law. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and mobile phone number for you, and for periodically visiting Clarity and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].

Clarity Terms of Use

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an organization or entity (“you”) and Fair Trade Real Estate LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Fair Trade Real Estate”, “we”, “us”, or “our”), concerning your access to and use of Clarity, the private investor platform operated by Fair Trade Real Estate and accessible at https://clarity.ftre.cloud, as well as any other services, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “Clarity”).

USE OF CLARITY

Clarity is designed for use by verified real estate investors who have completed Fair Trade Real Estate’s investor screening process. Access to Clarity is invite-only and is granted at the sole discretion of Fair Trade Real Estate.

You agree that by accessing Clarity, you understand and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING CLARITY AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on Clarity from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of Clarity after the date such revised Terms of Use are posted.

The information provided on Clarity is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Clarity from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Clarity is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use Clarity. You may not use Clarity in a way that would violate the Gramm-Leach-Bliley Act (GLBA). Clarity is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for Clarity.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, Clarity is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Clarity (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on Clarity “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of Clarity and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use Clarity, you are granted a limited license to access and use Clarity and to use, download, or print a copy of any portion of the Content to which you have properly gained access for your or your organization’s commercial use. We reserve all rights not expressly granted to you in and to Clarity, the Content and the Marks.

USER REPRESENTATIONS

By using Clarity, you represent and warrant that: (1) all information you submitted during the investor screening process (including but not limited to your affiliation with any entity or organization) is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity, either personally or as a representative of a specific entity or organization, and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access Clarity through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use Clarity for any illegal or unauthorized purpose; and (7) your use of Clarity will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to Clarity and refuse any and all current or future use of the platform (or any portion thereof).

INVESTOR VERIFICATION AND ACCESS

Access to Clarity is restricted to individuals who have been screened and approved by Fair Trade Real Estate as verified investors. Registration is not self-service. To be considered for access, you must complete Fair Trade Real Estate’s investor screening process, which may include providing information about your investment background, entity, and market activity.

Upon approval, you will be granted access to Clarity using your registered mobile phone number. Each time you log in, a one-time passcode will be sent via SMS to your registered mobile number. You agree to:

Keep your registered mobile phone number accurate and up to date.
Notify us immediately at [email protected] if your registered mobile number changes or if you suspect unauthorized access to your account.
Be responsible for all activity that occurs under your verified access.

We reserve the right to remove, suspend, or revoke your access to Clarity at any time and for any reason, including but not limited to a change in your investor status, inaccurate or outdated account information, or a violation of these Terms of Use.

TERM, TERMINATION, AND CANCELLATION

These Terms of Use shall remain in full force and effect while you use Clarity. You can request termination of your account at any time by contacting us at [email protected]. If you are unsatisfied with Clarity, please email us at [email protected].

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF CLARITY (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN CLARITY OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU ENTERED, UPLOADED, OR POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

PROHIBITED ACTIVITIES

You may not access or use Clarity for any purpose other than that for which we make Clarity available. As a user of Clarity, you agree not to:

(1) Systematically retrieve data or other content from Clarity to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

(2) Make any unauthorized use of Clarity, including collecting mobile phone numbers or email addresses of users by electronic or other means for the purpose of sending unsolicited communications;

(3) Circumvent, disable, or otherwise interfere with security-related features of Clarity, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Clarity and/or the Content contained therein;

(4) Engage in unauthorized framing of or linking to Clarity;

(5) Trick, defraud, or mislead us and other users, especially in any attempt to gain unauthorized access to accounts or platform features;

(6) Make improper use of our support services or submit false reports of abuse or misconduct;

(7) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

(8) Interfere with, disrupt, or create an undue burden on Clarity or the networks or services connected to Clarity;

(9) Attempt to impersonate another user or person or use the verified access of another user;

(10) Sell or otherwise transfer your verified investor access to any other person or entity;

(11) Use any information obtained from Clarity in order to harass, abuse, or harm another person;

(12) Use Clarity as part of any effort to compete with us or otherwise use Clarity and/or its Content for any revenue-generating endeavor or commercial enterprise not authorized by us;

(13) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Clarity;

(14) Attempt to bypass any measures of Clarity designed to prevent or restrict access to the platform, or any portion of it;

(15) Delete the copyright or other proprietary rights notice from any Content;

(16) Copy or adapt Clarity’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

(17) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Clarity to you;

(18) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of Clarity or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Clarity;

(19) Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Clarity, or use or launch any unauthorized script or other software;

(20) Disparage, tarnish, or otherwise harm, in our opinion, us and/or Clarity;

(21) Use Clarity in a manner inconsistent with any applicable laws or regulations;

(22) Use Clarity to create disinformation or spam content;

(23) Violate or create a violation of any policy posted on Clarity.

USER CONTENT, DATA, AND SUBMISSIONS

We will maintain certain data that you transmit to Clarity for the purpose of managing the performance of the platform, as well as data relating to your use of Clarity (“User Data”), including platform interaction data such as time spent on listings, images and documents viewed, and links clicked. This data is used solely for internal purposes to improve Clarity and better serve verified investors. Although we perform regular routine backups of User Data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Clarity. You agree that we shall have no liability to you for any loss or corruption of any such User Data, and you hereby waive any right of action against us arising from any such loss or corruption of such User Data.

Clarity does not offer users the ability to submit or post content for public display on the platform. Any text, writings, video, audio, photographs, graphics, comments, suggestions, or other material you contribute, source, or create using Clarity (“User Generated Content”) is intended for commercial use by you and/or the organization you represent. You agree that we may access, store, process, and use any information, personal and/or company data that you provide following the terms of the Privacy Policy (https://clarity.ftre.cloud/privacy-policy/) and your choices (including settings).

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Clarity (“Submissions”) provided by you to us are non-confidential and shall become our sole property. By submitting Submissions, you agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you warrant that any such Submissions are original with you or that you have the right to submit such Submissions.

For purposes of providing, developing and supporting Clarity, from time to time, we may use User Content and/or User Data as reference materials for purposes of internal testing and improving the platform’s analytical processes and techniques, including internal algorithm development and improvement by means of training of Clarity’s artificial intelligence and machine learning systems. Any improvements and enhancements to Clarity resulting from use of User Content and/or Submissions may be made available to our verified investors generally.

THIRD-PARTY WEBSITES AND CONTENT

Clarity may contain (or you may be sent via Clarity) links or references to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Clarity or any Third-Party Content posted on, available through, or installed from Clarity, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor Clarity for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any User Content or User Data or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from Clarity or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage Clarity in a manner designed to protect our rights and property and to facilitate the proper functioning of the platform.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://clarity.ftre.cloud/privacy-policy/. By using Clarity, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of Clarity at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Clarity. We also reserve the right to modify or discontinue all or part of Clarity without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of Clarity.

We cannot guarantee Clarity will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Clarity, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Clarity at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Clarity during any downtime or discontinuance of the platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support Clarity or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles.

DISPUTE RESOLUTION

Informal Negotiations.

Binding Arbitration.

Restrictions.

Exceptions to Informal Negotiations and Arbitration.

CORRECTIONS

There may be information on Clarity that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Clarity at any time, without prior notice.

DISCLAIMER

CLARITY IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF CLARITY AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CLARITY AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CLARITY’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OR SEARCHED BY CLARITY OR OUR SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CLARITY; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CLARITY; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH CLARITY BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CLARITY. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF CLARITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BECAUSE ACCESS TO CLARITY IS PROVIDED FREE OF CHARGE, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO ZERO DOLLARS ($0). THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our parents, subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of Clarity; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Clarity. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting Clarity, sending us emails, completing online forms, and receiving one-time passcodes via SMS constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, SMS, and on Clarity, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA CLARITY. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on Clarity or in respect to Clarity constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of Clarity. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding Clarity or to receive further information regarding use of the platform, please contact us at: [email protected].

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