Terms of Use


Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms of use. If you do not agree to these terms without limitation or exclusions, you should exit this site immediately.

USER AGREEMENT

The following are terms of the legal agreement (the "Agreement") between you and C. K. Mack, LLC ("C. K. Mack") which sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by C. K. Mack. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the agreement and or relationship between you and C. K. Mack.

C. K. Mack reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. C. K. Mack may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

DISCLAIMER

C.K. Mack is in the business of offering investments in real estate cash flow-based securities. These are at risk investments backed by the real estate owned and operated by C. K. Mack. Users understand that C. K. Mack makes the best effort to provide accurate and complete information however it is the user's responsibility to understand the investment, research, educate, and analyze their risk of making an investment.

All information provided is done so on an as-is basis, without warrant, either express or implied or written. Additionally there are no warranties and or guarantees as to your use of the content. C. K. Mack does not warrant the site is free of viruses, bugs, or other harmful components that may cause damage to you, your person, your computer or any information contained therein.

LIMITATIONS OF USE

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by C. K. Mack or by the original creator of the material and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of C. K. Mack. You acknowledge that the Content is and shall remain the property of C. K. Mack. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without C. K. Mack's prior written approval.

All data obtained from or provided by C. K. Mack, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to C. K. Mack Data Terms of Use. Moreover, you represent that all data provided by C. K. Mack to a user, regardless of the method of delivery, is not used for any competing purposes and only used to permit investment using the products or services offered by C. K. Mack.

You also may not, without C. K. Mack's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications and SEC statues and regulations.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into C. K. Mack's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. You, the user are solely responsible to ensure that in your jurisdiction the use, function, investment, any action, content, and compliance are in full compliance of the laws for your specific jurisdictions.

Your legal ability to invest with C. K. Mack may be limited by the Security laws applicable in your state.

RESTRICTIONS ON DATA COLLECTION/TERMINATION

Without our prior consent, you may not:

  • Use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
  • Frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
  • Engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information; or
  • Use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.

At our discretion we will restrict or disable access to C. K. Mack if any terms have been violated.

USER CONTENT POSTED ON THE SITE

You are solely responsible for the personal and or business information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content"). It is against the Terms of Use to contact members and or tenants directly or to attempt to enter into any transactions with members outside of the Service. You understand and agree that C. K. Mack may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant, that you have the right to grant to C. K. Mack an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

You may review personal or business information (including credit data) posted by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users.

TRADEMARKS

C.K. Mack (including C. K. Mack logo), C. K. Mack.com, and all related logos (collectively the "C. K. Mack trademarks") are trademarks or service marks of C. K. Mack. Other C. K. Mack product and service names and logos used and displayed on this Site may be trademarks or service marks owned by C. K. Mack or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of C. K. Mack trademarks displayed on this Site without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by C. K. Mack. C. K. Mack prohibits use of any of C. K. Mack trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by C. K. Mack in advance. Any questions concerning any C.K. Mack Trademarks, or whether any mark or logo is a C. K. Mack Trademark, should be referred to C. K. Mack for final determination.

LINKS TO THIRD-PARTY SITES

This Site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites"). C. K. Mack cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by C. K. Mack of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of C. K. Mack and the third-party site may provide less security than this Site. C. K. Mack is not responsible for the content of any third-party web sites, nor does C. K. Mack make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and C. K. Mack shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

CONSENT TO DOING BUSINESS ELECTRONICALLY

From time to time you will receive disclosures, notices, documents and information ("Communications") from C. K. Mack or our respective agents (collectively, "we" or "us"). We can only give you the benefits of our service by conducting business through the Internet, and therefore you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.

Electronic Communications. You agree that all Communications from us, and our respective agents relating to your use of the C. K. Mack platform may be provided or made available to you electronically by e-mail or through our website. You still have the right to receive a free paper copy of any Communication by contacting us in the manner described below. We may discontinue electronic provision of Disclosures at any time at our sole discretion.

Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so applies to all of your interactions and transactions through the C. K. Mack platform.

Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 7.0 or above, Firefox 3.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.

Mobile Technology. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device's app store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Communications.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward (1) you cannot place any further investments through C. K. Mack platform, (2) any pending investments will automatically terminate and be removed from the C. K. Mack platform. The withdrawal of your consent will not affect the legal validity and enforceability of any active investments obtained through the C. K. Mack platform, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to active investments in which you are an investor, C. K. Mack will send you any further Communications by mail or other non-electronic means.

Assignment. In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form and to do business on or through the C. K. Mack platform is assignable to any entity that owns an underlying interest.

Changes in Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at info@ckmack.com or by writing to us at C. K. Mack, LLC, 1302 24th St. West #357, Billings, MT 59102.

INDEMNITY

You agree to indemnify and hold C. K. Mack, its subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners and employees harmless from, and against any loss, liability, claim, demand, damages, costs and or expenses, including reasonable attorney's fees, arising out of, or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site, or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party. The previous sentence shall not apply, to any extent, to Users while acting as an investor member or while registering as an investor member in connection with their (i) posting of User Content or (ii) use of the Site or Service.

LIMITATION OF LIABILITY

Under no circumstances will C. K. Mack Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if C. K. Mack Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. C. K. Mack Parties are not liable for any defamatory, offensive or illegal conduct of any user or criminal actor acting upon this Site. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If any of the foregoing limitations are found to be invalid, you agree that C. K. Mack Parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

WAIVER

Failure by C. K. Mack to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.