Terms of Service

Last Revised: August 2023

Welcome to the Terms of Service (these “Terms”) for the website portal, investor.lineagehq.com (the “Website”), operated on behalf of Lineage Technologies, Inc. (“Lineage”, “we” or “us”). The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

1. Who May Use the Services

You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. User Accounts

In order to use the Services, you must activate your user account that is created by Lineage on your behalf, which includes a username and password (together, the “Credentials”). You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your Credentials. We are not liable for any acts or omissions by you in connection with your Credentials. You must immediately notify us at support@lineagehq.com if you know or have any reason to suspect that your account or Credentials have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Credentials. You agree not to create any account if we have previously removed you, or we previously banned you from any of our Services, unless we provide written consent otherwise.

3. The Services

3.1 Agreement to Provide Services

Lineage hereby grants you a non-exclusive, non-transferable right (without the right to grant sub-licenses) to use and access the Services. Lineage may modify the Services from time to time. Your access to and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Lineage, in its sole discretion, may elect to take.

3.2 Restrictions

You will not, and will not permit others to:

1. attempt to derive the source code, structure, algorithms, or ideas underlying the Services;
2. copy, translate, or prepare derivative works of any content or screenshots accessible via the Services or bypass, delete, or disable any copy protection or security mechanisms associated with the Services;
3. publish, pledge, rent, lease, sell, resell, or commercially distribute the Services to any third parties;
4. use the Services to create or develop any competing products or services;
5. engage any time-sharing or outsourcing application service provider or reseller or in any other distribution arrangement in connection with the Services;
6. alter, remove, obscure, or destroy any notice of any copyright, trademark, trade name, service mark, logo, or other intellectual property or proprietary right designation placed upon the Services or any other materials or documentation supplied by Lineage;
7. make the Services or Credentials available to any unauthorized third party;
8. use the Services to upload, create, access, display, store, manipulate, or distribute any data that infringes upon the intellectual property, privacy, or proprietary rights of any third party;
9. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
10. use the Services in a manner that violates any statute, law, rule, regulation, directive, guideline, or bylaw in place at the time of such use; or
11. access or use the Services in any way not expressly permitted by these Terms.

4. Your Responsibilities and Acknowledgements

4.1 Use of the Services

You are responsible for providing any and all types of third-party equipment, software, Internet connections, and/or other items that you need to access and use the Services. You will be solely responsible for obtaining and maintaining such items and complying with any applicable terms and conditions. Lineage will not be responsible for any liability arising from your use or misuse of any such items. Lineage does not guarantee that the Services can be accessed and used on any particular device or with any particular service plan. Lineage does not guarantee that the Services can be used or will be available in any particular geographic region.

As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you in connection with the Services (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging, and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services or through your mobile device operating system (with the possible exception of infrequent, important service announcements and administrative messages). You should check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from Lineage. You are solely responsible for any fee, cost, or expense that you incur to download, install, and/or use the Services on your third-party equipment.

4.2 Use of Third-Party Materials in the Services

Certain parts of the Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Lineage is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Lineage does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

5. Privacy and Protection of Data

5.1 Data Privacy

Your access to the Services or certain features thereof may require you to provide data, information, content and materials (“Your Data”), which may include data that relates to an identified or identifiable individual (“Personal Information”). The types of Personal Information that Lineage may collect to provide the Services is set forth in Lineage's Privacy Policy, which may be updated from time to time, and which you acknowledge that you reviewed and agree to comply with. Without limiting the foregoing, such Personal Information may include your Credentials, name, email address, telephone number, mailing address, address or location of residential/commercial properties owned, employment title, organization name, and aggregated financial information related to your ability to invest in future residential/commercial properties. You shall, in relation to any data, including Personal Information shared with Lineage or uploaded to the Services, for Lineage to use as envisaged under this Agreement, provide all notices, obtain all consents and take all other steps that may be required by applicable laws.

5.2 Data Protection

Lineage will use commercially reasonable efforts to maintain appropriate administrative, physical, and technical safeguards designed to protect the security, confidentiality and integrity of Personal Information uploaded to the Services. Lineage shall not (a) disclose Your Data except in accordance with Lineage's Privacy Policy or as expressly permitted by you or (b) use Your Data except to provide the Services, and to prevent or address service or technical problems at your request. Although Lineage uses commercially reasonable efforts to safeguard Your Data, transmissions made on or through the Internet may not always be secure, and unauthorized third parties may breach the security of Lineage's or its agent's information systems where Your Data is stored. Accordingly, Lineage will not be responsible for any breach in security except to the extent the breach is due to Lineage's gross negligence.

6. Ownership

6.1 Ownership of Services

Lineage retains all rights, title, and interest (including all intellectual property rights and other rights) in and to the Services, including any modifications or updates thereto, and any Feedback submitted by you in accordance with Section 6.4. You do not acquire any other rights, express or implied, in the Services other than those rights expressly granted by these Terms. You acknowledge that the Services embody Lineage's confidential information and that they are protected by copyright and other intellectual property laws.

6.2 Ownership of Your Data

You retain all rights, title, and interest (including all intellectual property rights and other rights) in and to Your Data. Notwithstanding anything to the contrary, you hereby grant Lineage a worldwide, sublicensable, transferable, non-exclusive, royalty-free, irrevocable, and perpetual license to (a) access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Data but solely as required to be able to operate and provide the Services, (b) use or disclose Your Data in accordance with Lineage's Privacy Policy, (c) use and disclose Your Data in aggregate or anonymized form in connection with Lineage's business, including to improve and enhance the Services and other Lineage offerings, and (d) use and disclose Your Data that is related to your property investment preferences and inventory to Lineage's brokerage partners (“Brokerages”) but solely as required for such Brokerages to share information with you related to the Brokerage's property investment capabilities.

By submitting Your Data through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for Your Data. Your Data in aggregate or anonymized form will not be considered your confidential information. You acknowledge that your effective use of the Services depends on Lineage's use of Your Data, including, without limitation, Lineage's ability to aggregate Your Data in order to analyze use of the Services and data trends.

6.3 Ownership of Trademarks

Lineage's name, and all related names, logos, product and service names, designs and slogans are trademarks of Lineage or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6.4 Feedback

If you elect to provide Lineage with any feedback, comments, or suggestions for improvements of any kind related to the Services (“Feedback”), the Feedback will be the sole and exclusive property of Lineage and Lineage will have the right to use and disclose such Feedback in any manner and for any purpose, without remuneration, compensation, or attribution to you.

7. Disclaimers

7.1 General Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SERVICES ARE PROVIDED TO YOU “AS IS.” LINEAGE HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LINEAGE MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES AND/OR ANALYTICS PROVIDED IN ACCORDANCE WITH THE SERVICES, (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE, (E) THE DELETION OF, OR FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES, AND (F) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LINEAGE OR THROUGH THE SERVICES CONSTITUTES INVESTMENT ADVICE NOR WILL IT CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

7.2 Content Disclaimer

LINEAGE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH LINEAGE WILL BE RESPONSIBLE FOR.

8. Indemnification

By entering into these Terms or accessing the Services, you agree that you shall, at your own expense, defend, indemnify, and hold Lineage harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, in connection with any claim, suit, action, or proceeding (“Claim”) (a) alleging that Your Data infringes or misappropriates a third party's intellectual property rights, (b) arising from your misuse of the Services, and (c) arising from breach by you of any term, condition, representation, or covenant under these Terms.

9. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT SHALL LINEAGE BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY LOST PROFITS, OR FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF LINEAGE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT WILL LINEAGE'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES, FROM ALL CAUSES OF ACTION OF ANY KIND, EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Arbitration

10.1

PLEASE READ THIS SECTION CAREFULLY. It may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.

10.2

All disputes arising under these Terms, other than disputes concerning infringement or misappropriation of intellectual property rights, shall be resolved by confidential binding arbitration, under the commercial rules of the Judicial Arbitration and Mediation Service (“JAMS”), with one (1) arbitrator mutually agreed upon by the parties. If the parties are unable to agree upon an arbitrator, JAMS will appoint the arbitrator in accordance with its rules. Any arbitration shall occur in Raleigh, North Carolina. The decision of such arbitration shall be final and binding on the Parties. All disputes arising hereunder concerning infringement or misappropriation of intellectual property rights shall be subject to the exclusive jurisdiction of the federal and state courts located in Raleigh, North Carolina and the courts have jurisdiction over appeals therefrom, and the Parties hereby consent to the jurisdiction of such courts and venue therein. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Lineage are each waiving the right to trial by jury or to participate in a class action or class arbitration.

10.3 Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@lineagehq.com. The notice must be sent to Lineage within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Lineage also will not be bound by them.

10.4 Waiver of Right to Bring Class Action and Representative Claims

To the fullest extent permitted by applicable law, you and Lineage each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party's individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding (“Class Action”). You and Lineage agree to waive the right to participate as a plaintiff or class member in any Class Action. You and Lineage expressly waive any ability to maintain a Class Action in any forum. If the dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct a Class Action, or make an award to any person or entity not a party to the arbitration. Further, you and Lineage agree that the arbitrator may not consolidate proceedings for more than one person's claims, and it may not otherwise preside over any form of a Class Action.

If this class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties' agreement to arbitrate shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a Class Action. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

11. General Terms

11.1 Updating These Terms

We may modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

11.2 Termination of License and Your Account

If you breach any of the provisions of these Terms, all licenses granted by Lineage will terminate automatically. Additionally, Lineage may suspend, disable, or delete your account, Credentials and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Lineage deletes your account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Lineage or you. Termination will not limit any of Lineage's other rights or remedies at law or in equity.

11.3 Injunctive Relief

You acknowledge and agree that any breach or threatened breach of these Terms would cause irreparable injury and that monetary damages in such event would be inadequate compensation. You agree that Lineage will be entitled, in addition to monetary relief as may be recoverable by law, to temporary, preliminary, and/or permanent injunctive relief as may be necessary to restrain you from further breach, without posting bond.

11.4 California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.5 Miscellaneous

These Terms constitute the entire agreement between you and Lineage with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Lineage but may not be assigned by you without the prior express written consent of Lineage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 10, or if arbitration does not apply, then the state and federal courts located in Raleigh, North Carolina.

For questions about these Terms, contact support@lineagehq.com.