Terms of Use

Effective Date: September 1st, 2024.

User Agreement

Welcome to the website (“Website”) of Fifth Wall Ventures Management, LLC and its affiliates (“Fifth Wall”, “we”, “us” or “our”). By accessing the Website, you agree to comply with this binding user agreement (“User Agreement”) between you and Fifth Wall, which governs your access and use of the Website and is a legally binding agreement between you and Fifth Wall. If you do not accept the terms and conditions of this User Agreement, do not use the Website. Your use of the Website indicates your full acceptance of this User Agreement each time you use the Website. Fifth Wall reserves the right to change the terms and conditions at any time. If we change this User Agreement, we will give you notice by posting the revised User Agreement on the Website. We may also post a notice on the Website and/or inform you via e-mail. The changes will go into effect on the effective date shown in the revised User Agreement. If you do not agree with the changes in the User Agreement, your sole remedy is to discontinue the use of the Website. By continuing to use the Website after the new effective date, you agree to be bound by such changes. 

The information that we provide on the Website is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided on the Website, and all information is provided subject to the disclaimers and limitations of liability set forth below.

Security Interests

The material contained in the Website is intended only for financially sophisticated investors and is for their private use. Fifth Wall manages private investment funds that rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states) and have not been registered as investment companies under the Investment Company Act of 1940.

Informational Purposes Only

Nothing on the Website is an offer or solicitation to buy or sell any security, and Fifth Wall Ventures is not soliciting any action based on the Website. Nothing on the Website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice. The past performance of any investment, investment strategy or investment style is not necessarily indicative of future performance.

Access

We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of this User Agreement and comply with it

To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any features on the Website, is governed by our Privacy Policy at https://fifthwall.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Ownership and Proprietary Rights to Content

The Website is owned and operated by Fifth Wall. Any claims or concerns regarding the Website should be addressed to: Fifth Wall Ventures Management, LLC, 66 Hudson Blvd E Suite 5340 / 53rd Floor New York, New York 10001.

You acknowledge and agree that the Website contains information, content, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material that are owned by Fifth Wall, its licensors, or other providers of such material and are protected by U.S. and international copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. This User Agreements permit you to use the Website for your personal, non-commercial use only. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer of, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this User Agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

Trademarks

The Fifth Wall name and all related names, logos, product and service names, designs, and slogans are trademarks of Fifth Wall. They may not be used or displayed without Fifth Wall’s prior written consent. All other trademarks, product names and company names and logos appearing on the Website are the property of their respective owners, and may be used only with the permission of the particular owner.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this User Agreement. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• To impersonate or attempt to impersonate Fifth Wall, a Fifth Wall employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fifth Wall or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.

Password Protected Areas

Portions of the Website are password-protected and are accessible only to users who have been issued passwords by an authorized representative of Fifth Wall.  Passwords are issued only to current investors of current Fifth Wall managed investment vehicles (each, a “Fund”), to prospective investors who are eligible to receive a Private Placement Memorandum for one or more of those Funds and such other parties approved by Fifth Wall. Users of the Website acknowledge that information and materials on or available through the Website shall not be shared with any other person, without the prior consent of Fifth Wall. You are prohibited from using anyone else’s log-in name or password. You shall notify us immediately if you suspect any unauthorized use of the Website or of your log-in name and/or password.

Online Privacy

Fifth Wall does not collect any personally identifiable information about visitors to the publicly available areas of the Website, including names, addresses, phone numbers or social security numbers. Fifth Wall may collect and store any personal information that you knowingly provide to us. We do not disseminate the non-public personal information of our investors to any third parties unless in the furtherance of servicing their accounts or as required by law or regulation or as described in our Privacy Policy.

Disclaimers

You expressly understand and agree that:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) We do not warrant or represent that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the Website will meet your expectations, (v) the server that makes the Website available is free of viruses or other harmful components; or (vi) any errors in any software or in the Website will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.

(d) No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this User Agreement.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

Limitation of Liability

To the fullest extent provided by law, in no event will Fifth Wall, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the Website, including but not limited to, damages for loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable or if we have been advised of the possibility of such damages.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

If you are dissatisfied with any portion of the Website or service you receive through it, or with any of portion of this User Agreement, your sole and exclusive remedy is to discontinue using the Website.

Indemnification

You agree to defend, indemnify, and hold harmless Fifth Wall, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this User Agreement or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in this User Agreement, or your use of any information obtained from the Website.

Applicable Law

This User Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to your use of the Website will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

International Use

We make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Other Third-Party Websites

The Website may contain (whether linked to the Website or incorporated herein) general news and information, commentary, research and other data supplied by companies that are not affiliated with Fifth Wall (“Third Party Content”). Fifth Wall has not been involved in the preparation or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content or services.  Fifth Wall does not guarantee the accuracy, timeliness, completeness or utility of Third Party Content, and Fifth Wall shall not be responsible or liable for any such content or services or the manner in which any information collected on such sites is used. Your access to those other websites is at your own risk and is subject to their own privacy policies. 

Termination

We may terminate your access, or suspend any user's access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.

Waiver and Severability

No waiver by us of any term or condition set out in this User Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this User Agreement shall not constitute a waiver of such right or provision.

If any provision of this User Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this User Agreement will continue in full force and effect. 

Entire Agreement

This User Agreement and our Privacy Policy constitute the sole and entire agreement between you and Fifth Wall regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Assignment 

This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fifth Wall without restriction.

Your Comments and Concerns

All notices of copyright infringement claims, as well as other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@fifthwall.com.