1. Introduction
This website, preview-eclipse-capital.netlify.app (the "Site"), is operated by Eclipse Real Estate Investments, a Texas operating company located at 5931 Greenville Ave, Dallas, TX 75206 ("Eclipse," "we," "our," or "us"). The Site is an informational marketing presence describing our acquisition, renovation, leasing and asset-management services for single-family rental real estate in the Dallas–Fort Worth metropolitan area. Use of masculine pronouns in these Terms is intended to apply equally to all persons regardless of gender.
By accessing, browsing or using the Site — including by booking a consultation call or otherwise contacting us through the Site — you confirm that you have read, understood and agreed to these Terms of Use and our Privacy Policy. These Terms constitute a binding contract between you and Eclipse. If you do not agree to any portion of these Terms, please do not use the Site.
2. Eligibility
The Site is intended only for users who are at least eighteen (18) years of age and legally able to enter into binding contracts in their jurisdiction of residence. By using the Site you represent and warrant that you meet these requirements.
3. Permitted use of the Site
The Site is provided for your personal, non-commercial informational use. You agree not to:
- Use the Site for any unlawful, harassing, defamatory, infringing or harmful purpose
- Copy, reproduce, republish, distribute, sell, license or exploit any content from the Site without our prior written consent
- Use any automated means (including bots, crawlers, scrapers or harvesters) to extract data from the Site
- Alter, deface or interfere with the Site's design, code, structure or normal operation
- Attempt to gain unauthorized access to the Site, its servers, or any related systems
- Submit false, misleading or impersonating information when contacting us
Eclipse reserves the right, at its sole discretion and without notice, to deny or restrict access to the Site to any user who violates these Terms.
4. No offer, no investment advice
The content of this Site is provided for general informational purposes only. Nothing on this Site constitutes an offer to sell, or the solicitation of an offer to buy, any security, financial product or interest in any investment. No content here constitutes investment, legal, tax or accounting advice, and no portion of the Site should be relied upon as such. Past performance is not indicative of future results, and any figures, projections, return percentages or case studies referenced on the Site are illustrative and not guaranteed.
Any actual offering of an investment opportunity by Eclipse will be made only by separate written offering documents (such as a private placement memorandum, subscription agreement or operating agreement) and only to investors who meet applicable eligibility standards under federal and state securities laws.
5. Accredited investors
Investments described on this Site, if and when offered, are generally available only to "accredited investors" as defined under SEC Rule 501(a) of Regulation D, and may be subject to additional eligibility requirements. Eclipse may take reasonable steps to verify accredited-investor status before making any actual offering, in accordance with Rule 506(c).
6. Forward-looking statements
Statements on this Site that are not historical fact may constitute forward-looking statements involving known and unknown risks, uncertainties and assumptions. Actual results may differ materially. Eclipse undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise.
7. Bookings and consultations
The Site offers the ability to schedule a complimentary thirty-minute consultation through an embedded Google Calendar booking interface. By booking a consultation you provide the information requested by that interface (name, email and any optional notes), which is used solely to schedule and prepare for the call.
Bookings may be cancelled or rescheduled by either party at any time prior to the scheduled time, without cost, through the confirmation email sent by Google Calendar. We ask that you provide at least twenty-four (24) hours notice when rescheduling as a courtesy.
8. Information you provide
Any information you provide to Eclipse — through the booking form, email correspondence, due-diligence requests or otherwise — must be accurate, current and complete. Knowingly providing false or misleading information may, depending on the circumstances, constitute fraud or a violation of applicable securities laws. You are responsible for maintaining the confidentiality of any credentials you use to communicate with us and for all activity conducted under those credentials.
9. Privacy and data security
Information you share through the Site is handled in accordance with our Privacy Policy. Eclipse takes commercially reasonable steps to safeguard personal information, but no method of internet transmission or electronic storage is completely secure, and Eclipse cannot guarantee the absolute security of information transmitted to or from the Site.
10. Third-party links and embedded services
The Site links to and embeds services operated by third parties (including Google Calendar, Google Meet, Google Fonts, and our hosting provider Netlify). Eclipse does not control these services and is not responsible for their content, accuracy, availability, security or privacy practices. Your use of any third-party service is governed by that provider's own terms and privacy policy.
11. Intellectual property
All intellectual property rights in and to the Site — including but not limited to text, copy, logos, trademarks, photographs, graphics, design, layout, source code, the Eclipse branding, and the underlying compilation and selection of content — are owned exclusively by Eclipse Real Estate Investments or its licensors and are protected by United States and international copyright, trademark and other intellectual property laws.
No portion of the Site may be reproduced, distributed, modified, displayed, transmitted, performed, published, licensed, sold, transferred or used to create derivative works without Eclipse's prior written consent, except for personal, non-commercial viewing.
12. Disclaimer of warranties
The Site is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Eclipse disclaims all warranties — express, implied or statutory — including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, title and non-infringement. Eclipse does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
13. Limitation of liability
To the fullest extent permitted by law, in no event shall Eclipse Real Estate Investments, its principals, members, employees, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential, punitive or exemplary damages — including loss of profits, loss of data, loss of business or loss of goodwill — arising out of or related to your access to or use of, or inability to access or use, the Site or any content thereon, even if Eclipse has been advised of the possibility of such damages.
Without limiting the foregoing, Eclipse's total aggregate liability arising out of or relating to these Terms or the Site shall not exceed one hundred United States dollars ($100).
14. Force majeure
Eclipse shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, governmental action, labor disputes, internet or telecommunications outages, or failures of third-party services.
15. Indemnification
You agree to defend, indemnify and hold harmless Eclipse Real Estate Investments and its principals, members, employees, affiliates and agents from and against any claim, liability, loss, damage, judgment, award or expense (including reasonable attorneys' fees and costs) arising out of (i) your breach of these Terms, (ii) your violation of any applicable law or the rights of any third party, or (iii) your unlawful or improper use of the Site.
16. Governing law and venue
These Terms are governed by, and shall be construed in accordance with, the laws of the State of Texas, without regard to its conflict-of-law principles. Any action, claim or dispute arising out of or relating to these Terms or the Site shall be brought and resolved exclusively in the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.
17. Changes to these Terms
Eclipse may revise these Terms at any time at its sole discretion. The "Last updated" date at the top of this page reflects the most recent revision, and revisions become effective immediately upon being posted on the Site. Your continued use of the Site after a revision constitutes acceptance of the revised Terms. You are responsible for reviewing this page periodically.
18. Severability
If any provision of these Terms is held invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
19. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eclipse with respect to your use of the Site, and supersede any prior agreements or understandings concerning the same subject matter.
20. Contact
Questions, notices or complaints regarding these Terms of Use can be sent to:
Eclipse Real Estate Investments
5931 Greenville Ave
Dallas, TX 75206
Office@eclipse-capital.com
(469) 838-5314