Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the websites, booking tools, communications, and general services (collectively, the “Services”) provided by Equity Cheq LLC (“Equity Cheq,” “we,” “us,” or “our”), including its brands and websites such as InvestorCheq. Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Equity Cheq LLC is located at 1504 Bay Rd, Miami Beach, FL 33139. Questions about these Terms may be sent to admin@equitycheq.com.
1. Who We Are
Equity Cheq provides investor-acquisition services to real estate sponsors and fund managers (“Sponsors”). As part of these Services, we identify, contact, and screen prospective accredited investors (“Investors”) and facilitate introductions and meetings between Investors and Sponsors. These Terms apply to all visitors and users of the Services, including Sponsors, Investors, and prospective clients.
2. Important Disclaimers
Equity Cheq is not a broker-dealer, investment adviser, or placement agent. We are not registered as a broker-dealer under the Securities Exchange Act of 1934 or with any state securities regulator, and we are not a registered investment adviser. We do not offer, sell, solicit, or recommend securities, and we do not provide investment, legal, accounting, or tax advice.
We do not provide advice or recommendations. Nothing on the Services, and nothing we communicate in the course of providing the Services, constitutes investment advice, a recommendation to buy or sell any security, an offer or solicitation of any security, or an endorsement of any Sponsor, Investor, offering, or investment. Any decision to invest, or to accept investment, is made solely by the parties involved, based on their own independent judgment and their own advisers.
We do not guarantee results. We do not guarantee that any meeting will occur, that any introduction will lead to an investment, that any capital will be raised, or that any particular outcome will result from using the Services. Any figures, targets, ranges, or examples described on the Services are illustrative only and are not promises or guarantees of performance.
Investor status and suitability. Sponsors are solely responsible for complying with all securities laws applicable to their offerings, including verifying Investor accreditation and suitability to the extent required, and for all communications and materials they provide to Investors. Investors are responsible for their own investment decisions and for conducting their own due diligence.
Independent parties. Equity Cheq is an independent contractor. We are not a partner, agent, fiduciary, or joint venturer of any Sponsor or Investor, and nothing in these Terms creates such a relationship.
3. Paid Engagements Are Governed by a Separate Agreement
These Terms govern general use of the Services. Any paid engagement between Equity Cheq and a Sponsor is governed by a separate written engagement agreement executed by both parties, which controls the scope of work, fees, payment, cancellation, and related terms. In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement controls with respect to that engagement.
4. Eligibility and Acceptable Use
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business and professional use.
You agree not to:
- Use the Services for any unlawful, fraudulent, or deceptive purpose;
- Provide false, misleading, or unauthorized information;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services, our systems, or other users’ data;
- Use the Services to send spam, malware, or unsolicited communications in violation of law;
- Scrape, harvest, copy, or reverse-engineer any part of the Services except as permitted by law;
- Use the Services in any way that could damage, disable, or impair the Services or infringe the rights of others.
We may suspend or terminate access to the Services for any user who violates these Terms or whose use we reasonably believe poses a risk to us, other users, or third parties.
5. Communications
By using the Services or providing your contact information, you consent to receive communications from us by phone, email, and text message as described in our Privacy Policy. You may opt out of marketing communications as described there. Message and data rates may apply.
6. Intellectual Property
The Services, including all content, text, graphics, logos, design, software, and the “Equity Cheq” and “InvestorCheq” names and marks, are owned by or licensed to Equity Cheq LLC and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. You may not copy, reproduce, distribute, modify, or create derivative works from the Services without our prior written consent.
Any feedback or suggestions you provide may be used by us without obligation to you.
7. Third-Party Services and Links
The Services may link to or integrate with third-party websites, platforms, and tools (such as scheduling, hosting, or communications providers) that we do not control. We are not responsible for the content, practices, or availability of third-party services, and your use of them is at your own risk and subject to their terms.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EQUITY CHEQ LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Equity Cheq LLC and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any law or the rights of any third party, or, in the case of Sponsors, your offerings and communications with Investors.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
Informal resolution. Before filing any claim, you agree to first contact us at admin@equitycheq.com and attempt to resolve the dispute informally for at least thirty (30) days.
Arbitration. If the dispute is not resolved informally, you and Equity Cheq agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered under the rules of a recognized arbitration provider, conducted in Miami-Dade County, Florida, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitrator’s decision will be final and binding.
Class-action waiver. You and Equity Cheq agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.
Venue for non-arbitrable matters. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.
12. Changes to These Terms
We may modify these Terms from time to time. When we do, we will revise the “Last Updated” date. Material changes will be indicated as appropriate. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
13. Miscellaneous
These Terms, together with our Privacy Policy and any applicable signed engagement agreement, constitute the entire agreement between you and Equity Cheq regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.
14. Contact Us
Equity Cheq LLC
1504 Bay Rd
Miami Beach, FL 33139
admin@equitycheq.com