RealPort

Terms of Service

Last Updated: January 6, 2025

Important Notice

These Terms of Service govern your use of RealPort's platform for investing in tokenized American critical mineral projects. By accessing or using our services, you agree to be bound by these terms. Please read them carefully.

1. Acceptance of Terms

By accessing, browsing, or using the RealPort platform ("Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use our Platform.

These Terms constitute a legally binding agreement between you and RealPort, LLC ("RealPort," "we," "us," or "our").

2. Eligibility and Account Requirements

2.1 General Eligibility

To use our Platform, you must:

  • Be at least 18 years of age
  • Be a legal resident of the United States
  • Have the legal capacity to enter into binding agreements
  • Not be prohibited from using our services under applicable law

2.2 Accredited Investor Status

Certain investment opportunities on our Platform are available only to "accredited investors" as defined by SEC Regulation D. You may be required to provide documentation verifying your accredited investor status, including:

  • Income verification (minimum $200,000 annually for individuals, $300,000 for joint filers)
  • Net worth verification (minimum $1,000,000 excluding primary residence)
  • Professional certifications (Series 7, 65, or 82 licenses)
  • Other qualifications as defined by applicable securities regulations

2.3 Know Your Customer (KYC) and Anti-Money Laundering (AML)

All users must complete our KYC/AML verification process, which includes identity verification, background checks, and compliance with the Bank Secrecy Act and USA PATRIOT Act requirements.

3. Investment Risks and Disclaimers

⚠️ Important Risk Warning

Investments in mining projects and tokenized assets involve substantial risk and may result in partial or total loss of capital. Past performance does not guarantee future results. You should only invest amounts you can afford to lose entirely.

3.1 Investment Risks

Investments offered through RealPort are subject to various risks, including but not limited to:

  • Market Risk: Fluctuations in commodity prices and market conditions
  • Operational Risk: Mining operations may face technical, environmental, or logistical challenges
  • Regulatory Risk: Changes in mining, environmental, or securities regulations
  • Liquidity Risk: Limited ability to sell or transfer tokens
  • Concentration Risk: Investments focused on specific geographic regions or commodities
  • Technology Risk: Risks associated with blockchain and tokenization technology
  • Counterparty Risk: Risk of default by project operators or other parties

3.2 No Investment Advice

RealPort does not provide investment, tax, legal, or financial advice. All information on our Platform is for informational purposes only. You should consult with qualified professionals before making investment decisions.

4. Platform Usage and Restrictions

4.1 Permitted Use

You may use our Platform solely for:

  • Researching investment opportunities in American critical mineral projects
  • Making investments in accordance with applicable securities laws
  • Managing your investment portfolio
  • Accessing educational content and market information

4.2 Prohibited Activities

You agree not to:

  • Use the Platform for any illegal or unauthorized purpose
  • Attempt to manipulate markets or engage in fraudulent activities
  • Share your account credentials with third parties
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated systems to access the Platform without permission
  • Violate any applicable securities laws or regulations
  • Engage in money laundering or terrorist financing activities

5. Token Ownership and Transfer

5.1 Nature of Tokens

Tokens represent fractional ownership interests in specific mining projects and are subject to:

  • Securities regulations and transfer restrictions
  • Project-specific terms and conditions
  • Holding period requirements
  • Accredited investor limitations

5.2 Transfer Restrictions

Token transfers may be subject to regulatory restrictions, holding periods, and platform approval. Not all tokens may be freely tradeable, and liquidity is not guaranteed.

6. Fees and Payments

6.1 Platform Fees

RealPort may charge various fees, including:

  • Transaction fees for token purchases and sales
  • Management fees for ongoing platform services
  • Processing fees for payments and transfers
  • Administrative fees for account maintenance

6.2 Payment Methods

We accept various payment methods including bank transfers, cryptocurrency, and other approved methods. All payments are subject to verification and compliance requirements.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Platform, you consent to the collection and use of your information as described in our Privacy Policy, including for KYC/AML compliance, regulatory reporting, and platform operation.

8. Regulatory Compliance

8.1 Securities Laws

All investments offered through RealPort are subject to federal and state securities laws. We operate under applicable exemptions including Regulation D and may be subject to SEC registration requirements.

8.2 Reporting Requirements

We may be required to report certain transactions and activities to regulatory authorities. You agree to cooperate with any regulatory inquiries or investigations.

9. Limitation of Liability

IMPORTANT: TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALPORT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR INVESTMENT VALUE.

Our total liability to you for any claims arising from or related to these Terms or your use of the Platform shall not exceed the total amount of fees you have paid to RealPort in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

10.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

10.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action, collective action, or representative proceeding.

11. Modifications and Termination

11.1 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or platform notification at least 30 days before taking effect.

11.2 Account Termination

We may suspend or terminate your account at any time for violation of these Terms, regulatory requirements, or other legitimate business reasons. You may close your account at any time, subject to outstanding obligations.

12. Contact Information

If you have questions about these Terms or our Platform, please contact us:

RealPort, LLC

Email: legal@realport.com

Phone: 1-800-REALPORT

Address: 123 Mining Way, Suite 100, Denver, CO 80202

By using RealPort's platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms, together with our Privacy Policy, constitute the entire agreement between you and RealPort regarding your use of our Platform.