Terms of Service.
These Terms of Service ("Terms") govern your access to and use of the 1031 DST Center platform at 1031dstcenter.com (the "Platform"), operated by Sequent Real Estate + Wealth Management ("Sequent," "we," "us," or "our"). By accessing or using the Platform, registering for an account, or otherwise interacting with our services, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. About the Platform
The Platform is an educational service that permits qualified users to request information about Delaware Statutory Trust ("DST") offerings, Section 1031 like-kind exchanges, and Section 721 UPREIT conversions, and to request a conversation with a registered representative. The Platform provides general educational content and limited summary information about DST offerings made available through Concorde Investment Services, LLC ("CIS").
The Platform itself does not offer, sell, or solicit securities, and does not permit users to invest in, reserve, subscribe to, or otherwise effect a securities transaction through Sequent. All securities transactions are conducted through CIS, a registered broker-dealer and Member FINRA / SIPC. Advisory services, where applicable, are offered through Concorde Asset Management, LLC ("CAM"), an SEC registered investment adviser. Sequent Real Estate + Wealth Management is independent of CIS and CAM.
Through the Platform, Sequent is not acting as a broker-dealer, investment adviser, placement agent, underwriter, tax advisor, or legal advisor, and the Platform should not be used or relied upon as such.
2. Eligibility
Use of the member portion of the Platform is restricted to "accredited investors" as that term is defined in Rule 501 of Regulation D under the Securities Act of 1933. By registering, you represent that you meet the definition of an accredited investor, or, if you do not, that you are using the Platform solely for general educational purposes and will not request access to offering-level information until your status changes.
You also represent that you are at least 18 years of age, have the legal capacity to enter into these Terms, and are not prohibited from using the Platform under applicable law.
3. Account Registration and Security
To access the full Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your information updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend, restrict, or terminate any account that we reasonably believe has been used in violation of these Terms, that has been compromised, or that we determine, in our discretion, should not have access to the Platform.
4. Accredited Investor Representations
By selecting "Yes" on the accredited investor question during registration, you represent to Sequent that, at the time of registration, at least one of the following is true:
- Your individual net worth, or joint net worth with your spouse or spousal equivalent, exceeds $1,000,000, excluding the value of your primary residence;
- Your individual income exceeded $200,000 in each of the two most recent years, or your joint income with your spouse exceeded $300,000, and you reasonably expect the same income level in the current year;
- You currently hold an active Series 7, Series 65, or Series 82 license in good standing (the Series 66 alone does not qualify); or
- You are an accredited entity as defined under Rule 501.
5. No Investment, Tax, or Legal Advice
The content on the Platform is provided for general informational and educational purposes only. Nothing on the Platform constitutes investment, tax, legal, accounting, or other professional advice, nor is it intended as a recommendation or solicitation to buy, sell, or hold any security or investment product. The Platform does not consider your individual financial situation, objectives, or tolerance for risk.
Any suitability analysis, Regulation Best Interest ("Reg BI") determination, or advisory analysis is provided solely by the applicable registered representative of CIS, by CIS, or by CAM, as applicable, and is not provided by Sequent or through the Platform. Information and tools made available on the Platform are not personalized to you and do not constitute a recommendation under Reg BI or any other applicable rule.
Before making any investment decision, you should consult with qualified independent investment, tax, and legal professionals. Past performance is not indicative of future results. Any opinions expressed are subject to change without notice.
6. Offerings, PPMs, and Subscriptions
Any descriptions of DST offerings made available on the Platform are summary informational references only. They do not constitute an offer to sell, or a solicitation of an offer to buy, any security. Any actual offer or solicitation is made only through the offering's Private Placement Memorandum ("PPM") and related subscription documents, which are made available to qualified investors through CIS. You should read the PPM in its entirety, paying particular attention to the risk factors, before considering any investment.
Subscriptions, suitability reviews, accreditation verification, custody of funds, and execution of any securities transaction occur through CIS in accordance with applicable broker-dealer rules, not through the Platform. The Platform does not provide any mechanism to invest in, reserve, subscribe to, or commit funds to any offering.
Any side-by-side or comparative display of offering information on the Platform is provided for general informational reference only and does not constitute a recommendation, ranking, or selection of one offering over another. The Platform does not provide tools designed to facilitate the comparison or selection of offerings for investment purposes; any such activity, where required, occurs through CIS in connection with applicable suitability and Regulation Best Interest obligations.
7. Risk Acknowledgment
8. Intellectual Property
The Platform and all of its content — including text, graphics, logos, images, design, software, and the selection and arrangement of content — are owned by or licensed to Sequent and are protected by United States and international copyright, trademark, and other intellectual property laws. Except for personal, non-commercial review of the content within the Platform, you may not copy, reproduce, modify, distribute, publish, transmit, display, perform, create derivative works from, or otherwise exploit any portion of the Platform without our prior written consent.
Third-party trademarks, service marks, and logos referenced on the Platform are the property of their respective owners and are used for identification purposes only.
9. Acceptable Use
You agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with another user's enjoyment of it;
- Attempt to gain unauthorized access to any part of the Platform, accounts, systems, or networks connected to the Platform;
- Use any robot, spider, scraper, or other automated means to access the Platform without our express written permission;
- Misrepresent your identity, your accredited investor status, or your affiliation with any person or entity;
- Use the Platform to violate any applicable law, regulation, or third-party right;
- Introduce viruses, malicious code, or any other material that could disrupt or harm the Platform or its users;
- Resell, redistribute, or commercially exploit content obtained from the Platform.
10. Third-Party Content and Links
The Platform may include content from, or links to, third-party websites and services, including those of Sequent's broader website, CIS, CAM, FINRA, the SEC, DST sponsors, and educational publishers. We do not control these third parties and are not responsible for their content, products, services, or practices. Your interactions with third-party sites and services are subject to the terms and policies of those third parties.
11. Communications
By registering for an account, you consent to receive transactional and account-related communications from us electronically (including via email and, where applicable, SMS to the phone number you provide). If you opt in to marketing communications, you may withdraw that consent at any time via the unsubscribe link in any message or by contacting us directly. Standard message and data rates may apply to SMS communications.
12. Disclaimer of Warranties
The Platform and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Sequent disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, and uninterrupted operation. We do not warrant that the Platform will be error-free or that defects will be corrected, nor do we warrant the accuracy or reliability of any third-party content accessed through the Platform.
13. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Sequent, its affiliates, or its officers, directors, employees, agents, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the Platform, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our aggregate liability for any claim arising out of or relating to these Terms or your use of the Platform will not exceed one hundred dollars ($100). The foregoing limitations apply regardless of the legal theory on which the claim is based. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Sequent, its affiliates, and its respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your misrepresentation of accredited investor status or other registration information; or (d) your violation of any law or the rights of any third party.
15. Termination
We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including for violation of these Terms. You may terminate your account at any time by contacting us. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The Federal Arbitration Act and applicable federal law govern the interpretation and enforcement of the arbitration provisions below.
Informal Resolution
Before initiating any formal proceeding, you agree to contact us using the information in Section 19 and attempt to resolve the dispute informally and in good faith for a period of at least 30 days. Most disputes can be resolved this way, and we ask that you give us a fair opportunity to address the issue before proceeding further.
Binding Individual Arbitration
Except as set forth below, you and Sequent agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — that is not resolved through informal resolution will be resolved exclusively through final and binding individual arbitration, rather than in court. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, with arbitration conducted in San Francisco, California, or any other location the parties mutually agree upon, or remotely where permitted by the arbitrator. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.
Class-Action Waiver
You and Sequent agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable as to any particular claim or request for relief, that claim or request for relief (and only that claim or request) will be severed and brought in a court of competent jurisdiction, with the remainder of the disputes proceeding in arbitration on an individual basis.
Exceptions
The agreement to arbitrate does not apply to: (a) claims that may be brought in small-claims court so long as the action remains in that court and proceeds on an individual basis; (b) actions to compel arbitration or to enforce an arbitration award; or (c) actions seeking temporary, preliminary, or permanent injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
FINRA Arbitration Rights Preserved
Nothing in these Terms is intended to limit, waive, or impair any right you may have to bring an eligible securities-related claim before FINRA Dispute Resolution Services against Concorde Investment Services, LLC, Concorde Asset Management, LLC, any registered representative, or any associated person of CIS or CAM. To the extent any provision of these Terms — including the arbitration and class-action waiver provisions above — would otherwise restrict or be inconsistent with such a right, that provision will not apply to claims subject to FINRA arbitration.
Opt-Out
You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to contact@sequent-rewm.com within 30 days of the date you first accept these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.
Court Proceedings
For any claim not subject to arbitration, and for any action to enforce an arbitration award, you and Sequent agree that the exclusive jurisdiction and venue lies in the state and federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction of those courts.
17. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Platform after the effective date of any update constitutes your acceptance of the revised Terms. If you do not agree to a revision, you must stop using the Platform.
18. Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Sequent regarding the Platform and supersede any prior or contemporaneous agreements on that subject.
Privacy. Personal information you provide through the Platform is collected, used, and disclosed in accordance with our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes the categories of information we may collect — including contact, financial, investor profile, accreditation, and tax-related information — and the limited circumstances in which we share it, including with CIS, CAM, accredited investor verification providers (where applicable), and technology vendors.
Severability. If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
Notices. Notices to us must be sent to the contact information below. We may provide notices to you through the email address associated with your account or by posting on the Platform.
19. Contact Us
Questions about these Terms can be directed to:
44 Montgomery Street, Suite 1610
San Francisco, CA 94104
Email: contact@sequent-rewm.com
Phone: 415.834.1031
20. Regulatory Notices
Securities are offered through Concorde Investment Services, LLC (CIS), Member FINRA / SIPC. Advisory services are offered through Concorde Asset Management, LLC (CAM), an SEC registered investment adviser. Sequent Real Estate + Wealth Management (CRD #: 5281210) is independent of CIS and CAM. You can check the background of our firm on FINRA's BrokerCheck. Concorde's Form Customer Relationship Summary (Form CRS) is available upon request.