Terms of Use - DST Investments

This Website is owned, operated, or made available by Fiduciary Capital Management, LLC and/or its affiliates, representatives, or service providers, collectively referred to as “we,” “us,” “our,” or the “Firm.”

By accessing or using this Website, you agree to these Terms of Use. If you do not agree with these Terms of Use, you should not use this Website.

1. Educational Website Only

The information on this Website is provided for general educational and informational purposes only. The Website may include information about Delaware Statutory Trusts “DSTs,” Section 1031 exchanges, real estate investment strategies, private placements, alternative investments, qualified intermediaries, real estate sponsors, and related planning concepts.

Nothing on this Website is intended to be, and should not be interpreted as:

An offer to sell securities;
A solicitation to buy securities;
Investment advice;
Tax advice;
Legal advice;
Accounting advice;
Real estate advice;
A recommendation to purchase, sell, exchange, or hold any investment;
A guarantee of tax deferral, income, liquidity, or investment performance.

Any investment decision should be made only after reviewing the applicable offering documents and consulting with qualified legal, tax, accounting, financial, and real estate professionals.

2. No Advisory Relationship Created by Website Use

Your use of this Website does not create an investment advisory, fiduciary, client, attorney-client, tax adviser, broker-dealer, agency, or other professional relationship with Fiduciary Capital Management, LLC or any person associated with the Website.

An advisory relationship with Fiduciary Capital Management, LLC is established only through a written advisory agreement signed by the client and accepted by the Firm.

3. DST Investments Involve Significant Risk

DST investments and other private real estate offerings involve substantial risks and are not suitable for all investors. Risks may include, but are not limited to:

Illiquidity;
Lack of a public trading market;
Possible loss of principal;
No guarantee of distributions;
Tenant, property, sponsor, financing, and market risk;
Leverage and refinancing risk;
Limited investor control;
Tax risk;
1031 exchange risk;
Valuation risk;
Sponsor conflicts of interest;
Limited operating history;
Regulatory and securities law risk.

Investors should carefully read the applicable Private Placement Memorandum, subscription agreement, risk factors, tax disclosures, property reports, financing documents, and other offering materials before investing.

4. 1031 Exchange Information

The Website may discuss Section 1031 like-kind exchanges. Section 1031 exchanges are complex and subject to strict requirements, including timing, identification, qualified intermediary, title, reinvestment, and like-kind rules. The IRS states that, generally, if a taxpayer makes a qualifying like-kind exchange of real property used in business or held for investment, gain or loss may not be recognized at the time of the exchange. However, tax deferral is not automatic and depends on the taxpayer’s facts and compliance with applicable law.

Fiduciary Capital Management, LLC does not act as a qualified intermediary, tax adviser, attorney, CPA, or exchange accommodation titleholder unless specifically stated in a separate written agreement.

You should consult your own qualified intermediary, CPA, tax attorney, real estate counsel, and financial adviser before pursuing a 1031 exchange or DST investment.

5. Private Placement and Accredited Investor Limitations

DST offerings are often structured as private placements exempt from registration under federal and state securities laws. These offerings may be available only to accredited investors or other qualified investors.

Materials on this Website are not intended to constitute a general solicitation or general advertisement for any specific securities offering unless the offering is expressly identified as being made under an exemption that permits such communications.

Access to specific investment materials may be limited to persons who meet applicable investor qualification standards and complete required verification, suitability, subscription, and compliance procedures.

6. No Offer or Solicitation

No securities are offered through this Website. Any offer or sale of securities may be made only through official offering documents, including the applicable Private Placement Memorandum, subscription agreement, operating agreement, trust agreement, investor questionnaire, and related disclosures.

Information on this Website is not complete and should not be relied upon as the basis for an investment decision. In the event of any inconsistency between information on this Website and official offering documents, the official offering documents control.

7. No Guarantee of Income, Tax Treatment, or Performance

No statement on this Website should be interpreted as a guarantee or assurance of:

Investment return;
Income;
Distribution rate;
Cash flow;
Appreciation;
Liquidity;
Exit timing;
Sale price;
Tax deferral;
Eligibility for Section 1031 treatment;
Preservation of capital;
Diversification benefit;
Reduced risk.

Past performance, prior distributions, sponsor history, or projected results are not guarantees of future results. Projections, illustrations, and hypothetical examples are based on assumptions that may not occur.

8. Forward-Looking Statements

This Website may include forward-looking statements, projections, estimates, opinions, expectations, or assumptions. These statements are inherently uncertain and may be affected by economic conditions, interest rates, inflation, real estate market conditions, tax law changes, tenant performance, financing terms, sponsor decisions, and other risks.

Actual results may differ materially from any projected or expected results.

9. Third-Party Information and Sponsor Materials

The Website may include information provided by third-party sponsors, real estate operators, fund managers, data providers, custodians, qualified intermediaries, attorneys, CPAs, or other third parties.

We believe third-party information is obtained from sources considered reliable, but we do not guarantee its accuracy, completeness, timeliness, or continued availability. Third-party information may change without notice.

The inclusion of third-party information, sponsor materials, links, logos, or references does not necessarily mean that Fiduciary Capital Management, LLC endorses, recommends, guarantees, underwrites, or has independently verified the investment, sponsor, property, or service provider.

10. Links to Third-Party Websites

This Website may contain links to third-party websites. These links are provided for convenience only. We do not control, endorse, or assume responsibility for third-party websites, content, privacy policies, security, or services.

You access third-party websites at your own risk.

11. Website Content May Change

We may update, revise, remove, or discontinue Website content at any time without notice. We are not obligated to update information that may become outdated.

Information on the Website may not reflect the most current legal, tax, regulatory, market, or investment developments.

12. User Submissions and Contact Forms

If you submit information through the Website, including through a contact form, investor questionnaire, appointment request, email link, or document upload, you agree that the information you provide is accurate and that you are authorized to provide it.

Submitting information through the Website does not guarantee that:

You will qualify for any investment;
You will be contacted;
You will be accepted as a client;
You will receive access to offering materials;
Any investment will be available;
Any 1031 exchange deadline will be met.

You should not submit confidential, sensitive, or time-critical information through the Website unless you have confirmed that the method of communication is secure and appropriate.

13. Electronic Communications

By submitting your contact information, you authorize us or our representatives to contact you by email, telephone, text message, video conference, mail, or other communication methods, subject to applicable law.

You may opt out of marketing communications where required or permitted by law. Opting out of marketing communications may not prevent us from sending administrative, compliance, transactional, or account-related communications.

14. Privacy

Use of this Website is also subject to our Privacy Policy. The Privacy Policy describes how information may be collected, used, stored, and shared.

Do not use the Website if you do not agree with our Privacy Policy.

15. Intellectual Property

All content on this Website, including text, graphics, logos, icons, images, videos, downloads, designs, layout, trademarks, service marks, and other materials, is owned by or licensed to Fiduciary Capital Management, LLC, its affiliates, or third-party content providers.

You may view and print Website content for your personal, non-commercial use only. You may not copy, reproduce, modify, distribute, sell, publish, display, transmit, scrape, or create derivative works from Website content without prior written permission.

16. Permitted Use

You agree to use the Website only for lawful purposes. You may not:

Use the Website in violation of securities, privacy, tax, intellectual property, or other laws;
Attempt to gain unauthorized access to systems or data;
Upload viruses, malware, spyware, or harmful code;
Interfere with Website operation;
Misrepresent your identity or investor status;
Use automated scraping, harvesting, or data extraction tools;
Copy content for commercial use without permission;
Use the Website to make false, misleading, abusive, or fraudulent submissions.

17. No Warranties

The Website and all content are provided “as is” and “as available.” We make no warranties or representations, express or implied, regarding the Website or its content, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title, non-infringement, security, or uninterrupted operation.

We do not guarantee that the Website will be error-free, secure, available, or free of viruses or harmful components.

18. Limitation of Liability

To the fullest extent permitted by law, Fiduciary Capital Management, LLC, its affiliates, owners, officers, directors, employees, investment adviser representatives, promoters, consultants, agents, service providers, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of, or inability to use, the Website.

This includes, without limitation, damages related to investment losses, tax consequences, lost profits, lost data, business interruption, security incidents, errors, omissions, delays, or reliance on Website content.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

19. Indemnification

You agree to indemnify, defend, and hold harmless Fiduciary Capital Management, LLC, its affiliates, owners, officers, directors, employees, investment adviser representatives, promoters, consultants, agents, service providers, and licensors from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:

Your use of the Website;
Your violation of these Terms of Use;
Your submission of inaccurate or unauthorized information;
Your violation of law;
Your infringement of any third-party rights.

20. Jurisdiction and Governing Law

These Terms of Use are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, unless another jurisdiction is required by applicable law.

Any dispute arising from or related to the Website or these Terms of Use shall be brought in a court of competent jurisdiction, unless otherwise required by applicable law or a separate written agreement.

21. Securities and Advisory Disclosures

Fiduciary Capital Management, LLC is an investment adviser. Registration as an investment adviser does not imply any specific level of skill or training.

Investment advisory services are provided only pursuant to written agreements. Information about Fiduciary Capital Management, LLC, including its Form ADV and Form CRS, may be available through the SEC’s Investment Adviser Public Disclosure website.

Any person associated with Fiduciary Capital Management, LLC may act only in the capacity for which he or she is properly licensed, registered, supervised, or otherwise permitted under applicable law.

22. Broker-Dealer and Custodian Disclosure

Unless specifically disclosed in writing, Fiduciary Capital Management, LLC is not a broker-dealer, custodian, qualified intermediary, real estate broker, lender, title company, escrow agent, or tax preparation firm.

Certain securities transactions, if any, may require the involvement of a properly registered broker-dealer or other licensed intermediary. Custody of client assets, if applicable, is generally maintained with qualified custodians or other authorized financial institutions.

23. Testimonials, Endorsements, and Third-Party Comments

Any testimonial, endorsement, rating, review, or third-party comment displayed on the Website, if any, may not be representative of any client’s or investor’s experience and is not a guarantee of future performance or success.

Testimonials and endorsements may involve compensation, conflicts of interest, or other arrangements that will be disclosed where required by law.

24. No Use by Unauthorized Persons

This Website is intended for use by persons located in jurisdictions where such use is lawful. We make no representation that Website content is appropriate or available for use in all jurisdictions.

You are responsible for complying with the laws and regulations applicable to you.

25. Children

This Website is not intended for children or persons under the age of 18. We do not knowingly solicit or collect personal information from children.

26. Changes to These Terms

We may update these Terms of Use at any time. The updated version will be posted on this Website with a revised effective date.

Your continued use of the Website after changes are posted means that you accept the updated Terms of Use.

27. Contact Information

Questions about these Terms of Use may be directed to: support@FiduciaryCM.com

Fiduciary Capital Management, LLC

DST investments and private real estate securities involve substantial risk, including illiquidity, loss of principal, lack of diversification, tenant risk, sponsor risk, financing risk, tax risk, and no guarantee of income or appreciation. Information on this website is for educational purposes only and does not constitute an offer to sell, a solicitation to buy, or a recommendation of any security. Any offering may be made only through official offering documents and only to qualified investors. Investors should consult their legal, tax, financial, and real estate professionals before investing. Fiduciary Capital Management, LLC does not guarantee investment performance, income, liquidity, tax treatment, or preservation of capital.