Effective Date: December 1, 2025
Last Updated: December 1, 2025
Smart Investments
32319 Tamina Rd Suite D, Magnolia, TX 77354
Phone: +1 (832) 943-3830
Email: contact@smrtinvestments.com
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
Agreement to Terms: By accessing or using the Smart Investments website (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Site.
Binding Agreement: These Terms constitute a legally binding agreement between you and Smart Investments. Your use of the Site indicates your acceptance of these Terms.
Additional Terms: Certain services or features may be subject to additional terms and conditions, which will be presented to you at the time of use. Those additional terms are incorporated into these Terms by reference.
Modifications: We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.
Capacity: You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Limited License: Subject to these Terms, Smart Investments grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful purposes related to evaluating commercial real estate investment opportunities.
Restrictions: You may not:
- Use the Site for any unlawful purpose
- Attempt to gain unauthorized access to any portion of the Site
- Interfere with or disrupt the Site or servers
- Use any robot, spider, scraper, or automated means to access the Site
- Copy, modify, distribute, or create derivative works from Site content
- Remove any copyright, trademark, or proprietary notices
- Frame or mirror any portion of the Site
- Use the Site to transmit viruses or malicious code
- Impersonate any person or entity
- Collect personal information about other users
Registration: Certain features of the Site may require you to register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
Restricted Content: Certain portions of the Site containing investment opportunity details, offering materials, and financial projections are restricted to Accredited Investors only.
Verification: You may be required to provide documentation verifying your status as an Accredited Investor before accessing restricted content.
False Representations: Providing false information about your investor status is strictly prohibited and may result in immediate termination of access and potential legal action.
Site Content: All content on the Site, including but not limited to text, graphics, logos, images, photographs, videos, data compilations, software, design elements, and the compilation thereof (collectively, "Content"), is the property of Smart Investments or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
Trademarks: "Smart Investments" and all related logos, product names, and service names are trademarks or registered trademarks of Smart Investments. You may not use these trademarks without our prior written permission.
Reservation of Rights: All rights not expressly granted to you in these Terms are reserved by Smart Investments.
Confidentiality: Certain information on the Site, including but not limited to property analyses, financial models, investment strategies, and development plans, is confidential and proprietary to Smart Investments.
Restrictions on Use: You agree not to:
- Disclose proprietary information to third parties
- Use proprietary information for any purpose other than evaluating potential investments
- Reproduce or distribute proprietary information
- Reverse engineer or attempt to derive proprietary methodologies
Return of Materials: Upon request or termination of access, you agree to promptly return or destroy all proprietary materials.
Submitted Content: If you submit any content to the Site (including but not limited to comments, feedback, suggestions, or testimonials), you grant Smart Investments a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and distribute such content.
Representations: You represent and warrant that:
- You own or have rights to any content you submit
- Your submitted content does not violate any third-party rights
- Your submitted content is accurate and not misleading
- Your submitted content does not contain viruses or malicious code
No Obligation: We have no obligation to use, post, or respond to any submitted content.
Third-Party Websites: The Site may contain links to third-party websites, services, or resources. These links are provided for your convenience only.
No Endorsement: The inclusion of any link does not constitute an endorsement by Smart Investments. We are not responsible for:
- The content, accuracy, or opinions expressed on third-party sites
- The privacy practices of third-party sites
- Any products or services offered by third parties
- Any damages or losses arising from your use of third-party sites
Access at Own Risk: You access third-party websites at your own risk and subject to their terms and conditions.
Third-Party Content: The Site may display content, data, or information provided by third parties. We do not guarantee the accuracy, completeness, or usefulness of third-party content.
Maps and Location Data: Any maps, location data, or geographic information provided on the Site are for general reference only and should not be relied upon for critical decisions.
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, Smart Investments disclaims all warranties, including but not limited to:
- Implied warranties of merchantability
- Implied warranties of fitness for a particular purpose
- Warranties of title or non-infringement
- Warranties arising from course of dealing or usage of trade
We do not warrant that:
- The Site will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Site will be accurate or reliable
- The quality of any information or materials will meet your expectations
- Any errors in the Site will be corrected
- The Site is free from viruses or other harmful components
Property Information: Property descriptions, photographs, floor plans, pricing, availability, and other property information are subject to change without notice and may contain inaccuracies or typographical errors.
No Guarantee: We make no representations or warranties regarding:
- The accuracy of property information
- The availability of any property
- The suitability of any property for your needs
- The achievement of projected returns
- Market conditions or trends
No Advisory Relationship: The information on the Site does not constitute legal, tax, accounting, financial, or investment advice. You should consult with qualified professionals before making any decisions.
No Reliance: You should not rely solely on information provided on the Site for making investment or business decisions.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMART INVESTMENTS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, or business opportunities
- Any damages arising from your use of or inability to use the Site
- Any damages arising from errors, omissions, or inaccuracies in Site content
- Any damages arising from unauthorized access to your account
- Any damages arising from third-party content or links
- Any investment losses or damages
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Smart Investments' total liability to you for all damages, losses, and causes of action exceed the amount you have paid to Smart Investments in the twelve (12) months preceding the claim, or $100, whichever is greater.
You acknowledge that these limitations of liability are a fundamental basis of the bargain between you and Smart Investments, and that we would not provide access to the Site absent these limitations.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Smart Investments and its affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of or access to the Site
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your violation of any applicable laws or regulations
- Your submission of content to the Site
- Your misrepresentation of your investor status
- Your breach of any confidentiality obligations
- Your unauthorized disclosure of proprietary information
Defense: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
Survival: This indemnification obligation shall survive termination of these Terms and your use of the Site.
The information on the Site does not constitute an offer to sell or a solicitation of an offer to buy any securities or real estate interests in any jurisdiction where such offer or solicitation would be unlawful.
Nothing on the Site creates a binding commitment by Smart Investments to sell, transfer, or convey any property or investment interest until a definitive written agreement is executed.
Independent Investigation: You are solely responsible for conducting your own due diligence, including but not limited to:
- Property inspections
- Financial analysis
- Legal review
- Environmental assessments
- Market research
- Title examination
Professional Advisors: You should engage qualified professionals, including attorneys, accountants, inspectors, and financial advisors, before making any investment decision.
You acknowledge that:
- All investments involve risk, including loss of principal
- Real estate investments are illiquid
- There is no guarantee of returns
- Market conditions can change
- You have the financial capacity to bear losses
- You have read and understood our Securities Disclaimer
By accessing restricted portions of the Site, you represent and warrant that:
- You are an Accredited Investor as defined by SEC regulations
- You have the knowledge and experience to evaluate investments
- You understand the risks of real estate investments
- You are not relying solely on information provided by Smart Investments
- You will provide truthful documentation if requested
Privacy Policy: Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Collection: By using the Site, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Cookies: We use cookies and similar tracking technologies. For more information, see our Privacy Policy.
Communications: By providing your contact information, you consent to receive communications from Smart Investments regarding:
- Property updates
- Investment opportunities
- Market insights
- Service announcements
- Administrative messages
Opt-Out: You may opt out of marketing communications at any time by following the unsubscribe instructions in our emails or contacting us directly.
Data Security: While we implement reasonable security measures, we cannot guarantee the absolute security of your information transmitted via the internet.
Respect for Copyright: Smart Investments respects the intellectual property rights of others and expects users to do the same.
DMCA Notifications: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material claimed to be infringing
- Your contact information (address, telephone number, email)
- A statement that you have a good faith belief that use of the material is not authorized
- A statement that the information in the notification is accurate
- Your physical or electronic signature
Copyright Agent Contact:
Smart Investments
ATTN: Copyright Agent
32319 Tamina Rd Suite D
Magnolia, TX 77354
Email: contact@smrtinvestments.com
Counter-Notification: If you believe that material you posted was removed in error, you may submit a counter-notification to our Copyright Agent with the required information under the DMCA.
Repeat Infringers: We will terminate the accounts of users who are repeat infringers.
You may terminate your use of the Site at any time by discontinuing access and, if applicable, deleting your account.
We reserve the right to suspend or terminate your access to the Site, with or without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Providing false information
- Breach of confidentiality obligations
- Failure to qualify as an Accredited Investor (for restricted content)
- Any other reason at our sole discretion
Upon termination:
- Your right to access and use the Site immediately ceases
- You must immediately cease all use of any proprietary materials
- You must return or destroy all confidential information
- Sections of these Terms that by their nature should survive shall survive
The following sections shall survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.
Before initiating any formal dispute resolution, you agree to first contact us to attempt to resolve the dispute informally by sending written notice to:
Smart Investments
32319 Tamina Rd Suite D
Magnolia, TX 77354
Email: contact@smrtinvestments.com
We will attempt to resolve the dispute within 60 days of receiving notice.
If informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Terms:
- One arbitrator shall be selected in accordance with AAA rules
- Arbitration shall take place in Houston, Texas
- The arbitration shall be conducted in English
- The arbitrator's decision shall be final and binding
- Judgment on the award may be entered in any court of competent jurisdiction
YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND SMART INVESTMENTS INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW:
- You waive the right to participate in a class action lawsuit
- You waive the right to participate in a class arbitration
- Claims may not be consolidated with claims of other parties
- You waive the right to act as a representative or private attorney general
Notwithstanding the above, either party may:
- Seek injunctive or equitable relief in court for intellectual property violations
- Bring claims in small claims court if they qualify
- Seek relief in court for violation of confidentiality obligations
You may opt out of the arbitration agreement by sending written notice within 30 days of first using the Site. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Send to the address above.
Governing Law: These Terms and any disputes arising from or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Federal Law: To the extent federal law applies, the laws of the United States shall govern.
Jurisdiction: Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Texas.
Waiver of Jury Trial: To the extent permitted by law, you waive the right to a jury trial in any proceeding arising out of or related to these Terms.
Venue: Any litigation not subject to arbitration shall be brought exclusively in Montgomery County, Texas, and you consent to venue in such courts.
These Terms, together with our Privacy Policy and Securities Disclaimer, constitute the entire agreement between you and Smart Investments regarding your use of the Site and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
These Terms do not create any third-party beneficiary rights. The Terms are solely for the benefit of you and Smart Investments.
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Section headings are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All legal notices under these Terms should be sent to:
Smart Investments
32319 Tamina Rd Suite D
Magnolia, TX 77354
Email: contact@smrtinvestments.com
Texas Deceptive Trade Practices Act: As a consumer, you may have rights under the Texas Deceptive Trade Practices-Consumer Protection Act. These rights may not be waived.
Texas Real Estate Disclosures: All real estate transactions are subject to applicable Texas Real Estate Commission regulations and disclosure requirements.
Right to Inspect: Texas law may provide you with specific rights to inspect properties and receive certain disclosures. Nothing in these Terms waives any such statutory rights.
Commitment: Smart Investments is committed to making our Site accessible to all users, including those with disabilities.
WCAG Compliance: We strive to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
Feedback: If you experience any difficulty accessing any part of the Site, please contact us at contact@smrtinvestments.com, and we will work with you to provide the information or service in an alternative format.
Continuous Improvement: We continuously work to improve the accessibility of our Site and welcome feedback.
Right to Modify: We reserve the right to modify, amend, or update these Terms at any time at our sole discretion.
Notice of Changes: We will provide notice of material changes by:
- Posting the updated Terms on the Site with a new "Last Updated" date
- Sending email notification to registered users
- Displaying a prominent notice on the Site
Effective Date: Changes become effective immediately upon posting unless otherwise specified.
Continued Use: Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms.
Review Regularly: We encourage you to review these Terms periodically to stay informed of any updates.
For questions, concerns, or comments about these Terms of Service, please contact us:
Smart Investments
32319 Tamina Rd Suite D
Magnolia, Texas 77354
Phone: +1 (832) 943-3830
Email: contact@smrtinvestments.com
Website: www.smrtinvestments.com
Business Hours: Monday - Friday, 9:00 AM - 5:00 PM CST
We will respond to inquiries within 2-3 business days.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT:
- You have read these Terms of Service in their entirety
- You understand these Terms and agree to be bound by them
- You have read and agree to our Privacy Policy
- You have read and understand our Securities Disclaimer
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
- You understand that violations may result in termination of access
- You waive any rights inconsistent with these Terms to the extent permitted by law
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
This Terms of Service agreement is effective as of December 1, 2025.
Last Updated: December 1, 2025