Updated June 23, 2023
Welcome to Avistone’s website, also known as the Site. By accessing or using our website at www.avistone.com, you agree to follow our rules and be bound by these Terms of Service. It does not matter if you are a registered member or not, these Terms of Service apply to you.
We are a real estate investment management company that offers our sponsored real estate-related investments exclusively to Accredited Investors (as defined below). These Terms of Service are important because they explain how you can use our Site and review the investments that we offer. Before you start using our Site, take the time to read these Terms of Service carefully. It’s essential to follow these rules. If you do not comply with these Terms of Service or any other agreement you have with us, we may decide to stop you from using our website. We have the right to do this at any time, with or without giving you notice.
Along with these Terms of Service, you might have other agreements with us or other parties that control how you use our Site. If there is ever a conflict between these Terms of Service and another agreement you have regarding specific parts of the Site, that other agreement will be more important for those specific parts. When we say “Users,” we mean anyone who visits or uses the Site.
Changes to these Terms of Service
Sometimes we may need to make changes to these Terms of Service. If we do, we will let you know by posting the updated terms on the Site and mentioning the date of the last update at the top of the page. By using the Site after we have made these changes, you are showing that you accept the new terms.
Eligibility
This Site is only for people who are 18 years old or older. If you are under 18, you’re not allowed to use or access the Site. By using this Site, you confirm that you are 18 or older and that you agree to follow all the rules in these Terms of Service. If you break any of these rules, violate an agreement with us, or for any other reason, we can prevent you from using the Site. We might do this without giving you notice, especially if we believe you are under 18. If we take these actions, we will not be responsible to you or anyone else.
The parts of this Site that lets you view investment opportunities and make investments is only for certain users who meet specific qualifications and are authorized to access it. This part of the Site may not be available to everyone or in all locations. Only “accredited investors” as defined in Rule 501 of Regulation D of the Securities Act of 1933, as amended, are authorized to use this Site and web pages related to offerings conducted under Regulation D of the Securities Act.
To be considered an Accredited Investor, individuals generally need to meet certain financial requirements. This includes having a net worth of over $1 million (excluding their primary residence) or a certain level of annual income for the past two years, with the expectation of a similar income in the current year. In all cases, you will need to provide documents to prove your status as an Accredited Investor. This could involve filling out a questionnaire and undergoing background checks. If you fail to provide the requested information and documentation to confirm your status as an Accredited Investor, Avistone will stop your use your use of this Site. Non-U.S. residents can access investment opportunities as long as it is allowed by the laws of their country of residence.
Our investment opportunities and related information and data, including specific pages on our Site, are not for use in jurisdictions where it would be against the law or where Avistone is not authorized to provide such information or data. It is important to comply with the applicable laws, rules, and regulations of your country or region when accessing and using our investment offerings and web services.
Securities Offerings
The securities offered on the Site are private placements and have not been registered under the Securities Act of 1933. They are exempt from registration under certain provisions of the law. These securities are not publicly traded and are therefore not easily sold or converted into cash. The U.S. Securities and Exchange Commission and other regulatory authorities have not reviewed or approved the offerings on this Site.
The investment summaries, material, informational content and overviews provided on the Site give a general idea of the purpose and key terms of the investment opportunities. They are meant for informational purposes only and may not include all the details. To get a comprehensive understanding of each investment opportunity, it is important to refer to the Private Placement Memorandums and other forms of offering material and investor document package associated with that particular investment. The information on the Site is provided by Avistone and may not consider your specific investment needs or financial situation. It is recommended to consult with professional advisors, such as tax, legal, and financial experts, before making any investment decisions.
Prohibited Conduct
The Site contains sensitive information considered to be “Confidential Information,” which includes both technical and non-technical data related to the investments listed on the Site. When you access this Confidential Information, you agree to keep it confidential and use it only for the intended purposes. Without written permission from the disclosing party, you are not allowed to alter, reverse engineer, create new versions, or disassemble any Confidential Information. However, these restrictions do not apply if the Confidential Information: (a) was already available to the public when it was disclosed; (b) became public knowledge without any violation of this agreement; (c) was lawfully obtained from a third party without any restrictions; (d) was already known to you before accessing it on our Site; (e) was independently developed by you without violating this agreement; (f) was openly shared by Avistone without restrictions to third parties; or (g) is required by law.
You agree to use the Site only for lawful and proper purposes in accordance with these Terms and any applicable laws, rules, or regulations.
You agree to not:
Proprietary Rights in Site Content; Limited License
All content on the Site, including designs, text, graphics, pictures, videos, information, software, music, and other files (collectively referred to as “Site Content”), belongs to us and is protected by copyright and other laws. You are not allowed to modify, copy, distribute, reproduce, download, display, post, transmit, or sell any Site Content without our prior written permission, except for limited personal use if you are eligible. You must keep such content confidential and preserve all copyright and proprietary notices. Republishing Site Content on other websites, incorporating it into databases or compilations, or any other unauthorized use is strictly prohibited. Any use of the Site or Site Content without our permission violates the law and terminates the license granted to you. Unauthorized use may also infringe copyright, trademark, and communication regulations. These Terms of Service do not grant you any intellectual property rights unless explicitly stated. We can revoke this license at any time, with or without cause, without prior notice.
Linked Sites
This Site may contain links to third-party websites (Linked Sites) for your convenience. These links do not imply any affiliation, sponsorship, endorsement, or approval by Avistone. We are not responsible for the information on Linked Sites or your ability to access and use them. Your use of Linked Sites, including their information, materials, products, and web services, is at your own risk. The terms of use and privacy policies of Linked Sites govern your access and use of them, and we recommend reviewing them carefully.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Attn: Investor Web services
Full Address of Designated Agent to Which Notification should be Sent:
Avistone, LLC, 12636 High Bluff Drive, San Diego, CA 92130
Telephone Number:
(858) 480-8288
E-Mail Address of Designated Agent:
To comply with the Digital Millennium Copyright Act (DMCA), any notification of copyright infringement must include certain information. This includes the signature of a person authorized to act on behalf of the copyright owner, identification of the copyrighted work being infringed, a description of the infringing material and its location, contact information of the complaining party, a statement of good-faith belief that the use of the material is unauthorized, and a statement that the information provided is accurate and the complaining party is authorized to act on behalf of the copyright owner.
We have a policy in line with the DMCA and other laws to act against users who repeatedly infringe copyrights. This may include terminating the registration of such users. We also reserve the right to limit access to the Site or terminate the registration of any user who infringes the intellectual property rights of others, regardless of whether it is a repeated offense.
Consent to Electronic Transactions and Disclosures
Since Avistone conducts some of its business operations online, we need your consent to engage in electronic transactions with us. Before deciding to do business with Avistone electronically, you must meet the following requirements:
Avistone typically receives payments and makes disbursements through electronic funds transfers using the bank account information you provide. By providing us with your bank account information, you authorize your bank or financial institution to make the necessary payments and authorize Avistone to disburse investments to that account. If your account information changes, you agree to update it upon request from Avistone or whenever the previously provided information becomes invalid.
As part of doing business with Avistone, you must also consent to receiving certain disclosures electronically. These disclosures may be provided through our website or sent to the email address you provide. By agreeing to the Terms of Service, you agree to receive all documents, communications, notices, contracts, agreements, and any IRS Form 1099 or other tax forms electronically. An IRS Form 1099 refers to any required tax-related documents provided electronically. The decision to engage in electronic business with Avistone is up to you, and this document informs you of your rights regarding these disclosures.
Your consent to receive disclosures and conduct business electronically applies to any transactions related to those disclosures, whether between you and Avistone. This consent remains in effect for as long as you are a user and continues until all relevant disclosures for transactions made while you were a user have been provided.
You cannot withdraw this consent if you have any outstanding investments through the Site. However, if you have no outstanding investments and wish to withdraw your consent to conduct business electronically, we will terminate your registered user account.
You also explicitly consent to receiving calls, messages, including auto-dialed and pre-recorded calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others. These calls and messages may be made to any telephone numbers you have provided or may provide in the future, including cellular numbers. Your cellular or mobile phone provider will charge you based on your plan.
If you access our Site and the disclosures electronically using a mobile device, you must ensure that you have software on your device that allows you to print and save the disclosures presented during the application process. You can find these applications in most mobile devices’ respective app stores. If your mobile device lacks these capabilities, please use a device that supports them to access our Site.
Updates
You must keep us informed of any change in your e-mail address, your home mailing address, or your telephone number so that we can maintain communications with you about your authorization as a registered User and so that you can continue to receive all Disclosures in a timely fashion. You can contact us by e-mail at [email protected] or by calling us at 858-480-7288.
You may also reach us in writing to us at the following address: Avistone LLC, 12636 High Bluff Drive, San Diego, CA 92130.
Privacy
Please review the Site’s Privacy Policy. By using the Site, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers
Using this Site is solely your decision, and you should be aware that there are certain risks involved. The information provided on this Site is on an “as is” and “as available” basis. Avistone explicitly states that it does not provide any warranties, whether expressed, implied, or statutory. This includes warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Avistone cannot guarantee the accuracy of any content posted by users or third parties. While we have rules in place for user conduct and postings, we do not have control over what users post on the Site. We are not responsible for any offensive, inappropriate, obscene, unlawful, or objectionable content you may come across on the Site or related to user or third-party content. Additionally, we are not responsible for the behavior of users, whether online or offline.
We cannot guarantee specific results, whether related to investments or any other aspect, from using the Site. There may be temporary unavailability of the Site due to maintenance or other reasons. Avistone assumes no responsibility for errors, interruptions, deletions, defects, delays, communication failures, theft, unauthorized access, or alterations of user communications.
Avistone is not responsible for any issues or technical malfunctions related to telephone networks, computer systems, servers, providers, equipment, software, email failures, or congestion on the internet or the Site. This includes any injuries or damages to users or their computers resulting from participating in or downloading materials from the web or web service.
Under no circumstances will we be held responsible for any loss or damage, including loss or damage to user content, personal injury, or death, resulting from the use of the Site, web service, user content, or third-party content. This includes any interactions between users, whether online or offline.
We reserve the right to change the content of the Site offered without notice. Mention of any products, web services, processes, or information does not imply endorsement, sponsorship, recommendation, or affiliation by Avistone.
Limitation on Liability
UNLESS PROHIBITED BY LAW AND EXCEPT AS REQUIRED BY APPLICABLE SECURITIES LAWS, AVISTONE AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, OR REPRESENTATIVES WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES TO YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE WEBSITE, SITE CONTENT, OR OTHER MATERIALS ACCESSED THROUGH THE SITE. THIS INCLUDES ANY LOSSES IN PROFITS OR DATA, EVEN IF THE AVISTONE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
HOWEVER, UNLESS REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOUR RECOURSE WILL BE LIMITED TO SEEKING INJUNCTIVE RELIEF ONLY. YOU WILL NOT BE ENTITLED TO ANY DAMAGES FROM AVISTONE OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
PLEASE NOTE THAT CERTAIN FEDERAL AND STATE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Arbitration
By using or visiting the Site, you agree that the laws of the State of Delaware will govern these Terms of Service, regardless of any conflict of laws principles that might require the application of laws from another jurisdiction.
Unless you and we agree otherwise in writing, any dispute related to the Terms or any breaches of the Terms will be resolved through binding arbitration. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, or by another arbitration body as required by law. The arbitrator’s decision can be entered as a final judgment in any court with jurisdiction. The arbitration will be conducted in English and will take place in Delaware before a single arbitrator. You must initiate the arbitration within one year after the claim or cause of action arises. However, either Avistone or you may seek injunctive relief from a court of competent jurisdiction without violating this arbitration provision.
Indemnity
You agree to protect and compensate Avistone, its subsidiaries, affiliates, directors, officers, agents, contractors, employees, and representatives from any losses, liabilities, claims, demands, damages, costs, and expenses (including attorney’s fees) that arise from your use of the Site, your behavior on the Site, interactions with other users, or any violation of these Terms of Use, laws, or the rights of third parties. This includes any content you create and any third-party content you share on the Site. If you live in California, you give up your rights under California Civil Code Section 1542, which states that a general release does not apply to unknown or unsuspected claims that, if known, would have affected the settlement. If you live in another jurisdiction, you give up any similar laws or rules.
For Investors: When it comes to securities matters, these Terms of Use do not waive any rights or provisions allowed by Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other relevant federal and state securities laws.
Submissions
You understand and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to Avistone about the Site are not confidential. Once you provide them, they become the property of Avistone, and the Avistone has the right to use and share these submissions freely for any purpose, including commercial purposes, without giving you credit or compensation.
Other
If Avistone does not use or enforce a particular right or rule mentioned in these Terms of Service, it does not mean that we have given up that right or rule altogether. Even if one part of these Terms of Service is found to be invalid, the rest of the Terms will still apply. If any part of these Terms is considered illegal, invalid, or unenforceable, that specific part will be separated from the rest of the Terms, but it will not affect the validity and enforcement of the remaining parts.
Questions
For questions and comments, please contact us via email at [email protected].
© 2024 Avistone, LLC. All rights reserved.
*IMPORTANT DISCLOSURES: This communication is intended exclusively for the private and confidential use of accredited investors. It is transmitted by the sponsor of the investment opportunity, Avistone, LLC, or one of its affiliates (referred to as "Avistone" or "Sponsor") and is provided solely for informational purposes. All information and opinions contained herein, including assumptions and projections (collectively referred to as "Projections"), are furnished by the Sponsor. The Sponsor and its affiliates make no representations or warranties regarding the accuracy of such information and disclaim any liability in this regard. None of the content in this communication is intended to create a binding obligation on the part of the Sponsor or its affiliates. This communication is fully qualified by reference to the comprehensive information regarding the offering set forth in the Sponsor's offering documents, including any private placement memorandum, operating agreement, and subscription agreement (collectively referred to as "Offering Documents"), which should be carefully reviewed before making any investment.
The Projections provided by the Sponsor, including target IRR, target cash-on-cash, and target equity multiple (referred to as "Targets"), are hypothetical and are not based on actual investment results. They are presented solely to provide insight into the Sponsor's investment objectives, outline anticipated risk and reward characteristics, and establish a benchmark for future evaluation of the Sponsor's performance. The Sponsor's Projections and Targets do not constitute predictions, projections, or guarantees of future performance. There is no assurance that the Sponsor will achieve these Projections or Targets. Forward-looking statements, including the Sponsor's Projections and Targets, inherently involve a variety of risks and uncertainties, and actual results may substantially and materially vary from those anticipated. Refer to the applicable Offering Documents for disclosures concerning forward-looking statements. Projections and Targets, including forward-looking statements, should not be the primary basis for an investment decision. Avistone and its affiliates do not provide any assurance regarding returns, or the accuracy or reasonableness of the Projections or Targets provided by the Sponsor. Past performance does not predict future results. The historical performance record of Avistone is not indicative of future outcomes. Third-party audits have not been conducted on the performance of Avistone's prior projects. Differing property offerings and commitment dates for individual property offerings resulted in varying returns for investors.
The metrics of the Full-Cycle Track Record on industrial properties are calculated based on weighted averages that treat investment dollars equally and are computed by aggregating the outcomes of all Avistone full-cycle industrial property investments, with weights corresponding to the respective capitalization amounts for each Full Cycle Investment. This real estate investment is speculative and involves substantial risk. There is a potential for a partial or complete loss of principal investment and should only be undertaken if you are prepared to bear the consequences of such a loss. Thoroughly review all of the Sponsor's Offering Documents, including any "Risk Factors" therein. For additional information concerning risks and disclosures, please visit https://www.avistone.com. None of the content in this communication should be considered investment advice, whether regarding a specific security or an overall investment strategy. Reproduction or distribution of this message to any individual or entity outside the recipient's organization is prohibited without the express consent of Avistone.