Terms & Conditions
Dynasty Wealth LLC, Membership Agreement
TO BE A MEMBER YOU MUST MEET THE ACCREDITED INVESTOR REQUIREMENT.
IMPORTANT READ CAREFULLY:
THIS DYNASTY WEALTH LLC (“DW” or “Dynasty Wealth”) MEMBERSHIP AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND DW. DYNASTY WEALTH IS WILLING TO EXTEND TO YOU THE RIGHTS AND BENEFITS OF A MEMBERSHIP ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ ALL OF THE TERMS IN THIS AGREEMENT BEFORE CHECKING THE ACKNOWLEDGEMENTS BOX AT THE END OF THIS AGREEMENT TO CONFIRM THAT YOU ARE IN AGREEMENT WITH TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT.
Dynasty Wealth is a membership investing service which enables you to invest into startup and early stage companies which have the potential to substantially increase in value. The following Agreement applies to Dynasty Wealth’s membership offering and may apply to any new features or products or services that may be added to the membership by DW in the future.
1. Membership Rights.
You understand that as a Dynasty Wealth member that you will be provided opportunities to invest in a minimum of ten startup and early stage entities per year which are identified by DW. These entities also include but are not limited to DW’s member companies which are also known as its issuer members. Your membership is personal to you, and you may not transfer or share your membership with any other person.
You understand and agree that Dynasty Wealth may amend this Membership Agreement at any time at its sole discretion, and that any such amendment will apply to you. Notification of amendments to the memberships shall be sent by email to you by Dynasty Wealth. Amended agreements will also be published at DynastyWealth.com. You further understand that the current version of this Agreement is published at DynastyWealth.com and that you will periodically review the current or amended Agreement as published. IF ANY AMENDMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION AS A MEMBER FOLLOWING THE EFFECTIVE DATE OF AN AMENDMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE AMENDMENT.
3. Membership Fees.
You agree to pay the quarterly or annual Membership Fee in advance to have access and to use your Membership.
4. Term of Membership.
The initial term of this Membership Agreement is from the date that you enter into this Agreement to become a member through the next quarterly or annual anniversary date. If you fail to renew the Membership, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Member. This Agreement will terminate immediately and without notice at DW’s sole and absolute discretion should you fail to comply with any provision of this Agreement or if you, by your use or misuse of Our Service and/or Materials, directly or indirectly, cause DW to be in breach, or potential breach, of any of the provisions of the agreements between DW and its content providers and its issuer members. This agreement may terminate in the event that you are allocated a certain amount to invest into a startup or early stage company and your investment exceeds the allocated amount.
You may cancel this Membership at any time with or without reason. Should you cancel you will not receive a full refund or a pro-rata refund. To cancel this Membership log into DynastyWealth.com and click on the “Cancel Membership” link and follow the instructions that appear at that page. Completion of the Reason for Cancellation section is optional. Your Notice of cancellation must be received before your renewal date. If a cancellation notice is received after your quarterly or annual renewal date the cancellation will become effective on your next quarterly or annual renewal date. Notice of cancellation shall be deemed received upon your clicking of the “Submit” button at the bottom of the service cancellation page. Upon your clicking the Submit button you will receive an email confirmation from Dynasty Wealth to confirm that your membership has been cancelled.
As provided in Paragraph 4 hereof, you agree that DW may terminate the Membership at any time, at its sole discretion, due to your violation of any of the terms of this Membership Agreement.
As a general rule, DW will not make the personal information gathered from your using the Service available to anyone outside of DW and its affiliates — except as instructed by you or where required to comply with law, court orders, or legal investigations. Please note, however, that there are several exceptions to this policy. First, if we use service providers, these service providers may have access to your personal information to perform contractually specified services on behalf of DW or you. Second, if you indicate that you are interested in receiving information about an issuer or a particular third party’s products/services, or you opt to receive certain products or services through DW, we may provide your personal information to that third party for purposes of fulfilling your request(s). Third, DW exchanges a member’s information including contact information and the investments that its members make in the issuers of the securities with the issuers and also with the regulated crowdfunding platforms that its members may utilize to make their investments. Additionally, DW takes reasonable steps to ensure that third parties receiving information about you maintain the confidentiality of that information.
The philosophy of Dynasty Wealth (TI) is that one should allocate a portion of their liquid assets and annual savings to build a portfolio of startup and early stage companies or entities. DW’s policy is that its members risk an equal amount into every startup and early stage company that DW identifies which they choose to invest in. DW’s policy is also to not advise or suggest to its members to invest in any company over another company.
2. Intellectual Property.
You understand and agree that DW will not allow the use of its trade names, trademarks, designs, symbols or logos without its prior written permission. All Information available through ” Dynasty Wealth” is the property of Dynasty Wealth LLC and is protected by copyright and intellectual property laws. All rights reserved. You may not reproduce, retransmit, disseminate, sell, publish and broadcast and of information that DW provides you without the express written consent of the Dynasty Wealth LLC. You are entitled to use the Information it contains for your private, non-commercial use only.
There is no guaranty that you will have an opportunity to invest into every startup and early stage company that DW identifies. Startup and early stage companies raise limited amounts of capital when their valuations are low. DW reserves the right to allocate or ration the opportunities that become available to its investor members. Those members who do not receive an allocation for an opportunity are prioritized to receive allocations to participate in future opportunities. Dynasty Wealth reserves the right to allocate a maximum amount for you to invest in a startup or early stage entity. Should you invest more than your allocation DW may cancel your membership.
Investing in venture capital or into startup and early stage entities is high risk. You could lose 100% of what you invest into any startup and early stage company that DW identifies including DW’s Issuer members. The securities of the entities that DW identifies including its Issuer members are illiquid and can-not be easily sold for a profit or even a loss. DW may have a potential conflict of interest since it may enter into consulting contracts with its issuer members who pay it fees in both cash and shares. No information contained on DynastyWealth.com or in e-mail communications or publications from DW and its affiliates should be considered as a solicitation to purchase or sell the securities of the entities that DW identifies. DW is not a registered broker dealer, crowdfunding platform or registered investment advisor. DW does not give or provide investment advice. The principals, affiliates, partners, consultants or employees of DW are NOT registered investment advisors or representatives of a securities broker dealer. Michael Markowski, DW’s Director of Research is ineligible to be affiliated with a broker dealer due to his being barred from being a member by FINRA in 1995. Detailed information about the circumstances surrounding Mr. Markowski’s bar is available. The principals, affiliates, partners or employees of DW and its affiliates do not undertake or represent to make investment recommendations or to give advice pertaining to the purchase or sale of the securities of any of the startups and early stage entities that DW identifies. Dynasty Wealth and its affiliates do not solicit the public or DW’s members to invest in any specific issuer. Before investing into any of the entities which Dynasty Wealth identifies you should conduct your own due diligence and consult with your financial advisor.
5. Disclaimer of Warranties.
THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. THE COMPANY AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
DW AND ITS AFFILIATES, CONTENT PROVIDERS AND DW ’S ISSUER MEMBERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR DWMELINESS OF THE SERVICE. DW OR ITS CONTENT PROVIDERS AND ITS ISSUER MEMBERS SHALL NOT BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
DW AND ITS AFFILIATES, INFORMATION PROVIDERS AND IDENTIFIED ISSUERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION THAT IS PRODUCED AND PUBLISHED. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
DW AND ITS AFFILIATES, INFORMATION PROVIDERS AND THE ISSUERS WHO ARE MEMBERS OF DW ’S COMMUNITY MAKE NO REPRESENTATIONS ABOUT DW ’S INVESTOR MEMBERS BEING ABLE TO PARTICIPATE IN ALL OF THE OPPORTUNITIES THAT BECOME AVAILABLE FOR INVESTMENT.
DW AND ITS AFFILIATES, INFORMATION PROVIDERS AND THE ISSUERS THAT IT IDENTIFIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION THAT IS PRODUCED AND PUBLISHED. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. DW AND ITS AFFILIATES AND CONTENT PROVIDERS SHALL NOT BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. DW AND ITS AFFILIATES, CONTENT PROVIDERS AND THE ISSUERS WHICH ARE IDENTIFIED DO NOT WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF FINRA OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.
6. Limitation of Liability
DW AND ITS AFFILIATES, NOR DW ’S CONTENT PROVIDERS AND THE ISSUERS WHO ARE IDENTIFIED OR ANY PERSON THROUGH WHOM THE COMPANY MAKES THE SERVICE AVAILABLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY DW (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF DW AND ITS AFFILIATES AND DW ’S CONTENT PROVIDERS AND ISSUER MEMBERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $100.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, DW AND ITS AFFILIATES, NOR DW ’S CONTENT PROVIDERS AND IDENTIFIED ISSUERS SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF DW AND ITS AFFILIATES OR DW ’S CONTENT PROVIDER AND DW ’S IDENTIFIED ISSUERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless DW and its affiliates and DW ’s Content Providers and identified issuers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Service and (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you to third parties in connection with the Service.
8. No Assignment.
You may not assign your membership to any other party without the prior written consent of DW. Any attempt to transfer or assign this Agreement without the express written consent of DW renders this Agreement voidable at the option of DW and may result in termination of the same.
Any waiver by DW of any breach of this Membership Agreement must be in writing and signed by an authorized partner of DW. Waiver by DW of any breach of this Agreement by you shall not operate or be construed as a waiver of any subsequent breach.
In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. Furthermore, DW’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right contained herein.
11. Governing Law, Jurisdiction and Venue.
This agreement will be governed by and construed in accordance with the laws of the State of Florida, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Broward County Florida, and you consent irrevocably to the jurisdiction of such courts.
12. Accredited investor qualifications
To receive the full benefits from being a Dynasty Wealth member an individual must meet one of the two following accredited investor qualifications:
- A net worth in excess of $1,000,000 exclusive of home.
- Actual income in excess $200,000 (individual) for 2017 and projected for 2018.
13. Customer service
Should you have any questions about this agreement or should any link in this Membership Agreement be inoperable please send an email notification to Support@DynastyWealth.com.
14. Entire Agreement.
This Membership Agreement contains the entire contract between DW and you and governs your use of our service. Any promises, representations, offer, or other communications not expressly set forth in this Agreement are of no force or effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU MEET THE ACCREDITED INVESTOR REQUIREMENT. YOU ACKNOWLEDGE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF BEING A MEMBER OF DYNASTY WEALTH AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.