The following terms and conditions (“Terms”) govern all use by you (“you” or “Customer”) of the DSTAtlas.com website and all content, services, and products available at or through the website, including our DST Atlas technology, together with all related applications (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Lucas Financial Consulting, LLC (collectively, the “Agreement”). Your agreement is with Lucas Financial Consulting, LLC (“Lucas Financial”, “we”, or “our”).

If these Terms are considered an offer by Lucas Financial, acceptance is expressly limited to these Terms. These Terms apply to all individual visitors, Users, and others who wish to access or use the Services. These Terms apply to personal use of the Services only. If you are accessing or using the Services on behalf of an organization, business, or other legal entity (each an “Organization”) then your use of the Services, including ownership of any content created, stored, or transmitted using the Services, shall be governed by and subject to such organization’s Order Form and Terms and Conditions with Lucas Financial.

By accessing or using any part of our Services, you agree to become bound by the Agreement; if you do not agree to be bound by the Agreement, you may not access or use any of our Services.

Definitions

“Content” is text, images, links, and other information that may be provided in or as a course of using the Services. Content is divided into User Content and DST Atlas Content as more fully described in the Section entitled “Content” below.

“Users” means the persons granted access to the Services.

Your Account

To use our Services, you’ll need to create an account. You agree to provide us with complete and accurate information when you register for an account. You will not share your account credentials, or use them in multiple locations at the same time. You must use a unique identity to access and use the Services.

You are responsible for maintaining the security of your account and your password, and you are fully responsible for all activities that occur under the account, whether or not you authorized that activity and whether such activities are caused by you or a third party that you permit to access or use the Services. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. Lucas Financial will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Content

Content can be categorized in three ways:

• “User Content” is any Content that you upload or make available to the Services.
• “DST Atlas Content” means text, graphics, images, models, software, audio, video, technology, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services by Lucas Financial or its licensors.

User Content Ownership:

• Portfolio Builder Content. We do not claim ownership rights in any client-facing reports or materials you generate through the Portfolio Builder, including whitelabeled reports with your branding. As between you and Lucas Financial, you retain all rights to such content and may use and distribute it freely with your clients. We consider this type of User Content to be confidential and will not use, share, or access it except as directed by you, to ensure compliance with these Terms, or as required by applicable law or regulatory authorities (including requests from FINRA or other regulators).
• Public Platform Submissions. Any information, data, or materials submitted to the DST Atlas public platform (such as sponsor-provided offering details, marketing materials, or related content) will not be treated as User Content. Such submissions are deemed DST Atlas Content and are owned exclusively by Lucas Financial.

Rights in User Content: You are solely responsible for any User Content you provide and represent that you own or have the necessary rights to such User Content, and that its use does not infringe, misappropriate, or violate any third party’s intellectual  property, publicity, privacy, or other rights, or result in a violation of applicable law or these Terms.

• Portfolio Builder Content. When you use the Portfolio Builder, you may provide information and generate client-facing reports (including whitelabeled reports with your branding). As between you and Lucas Financial, you retain ownership of such input and output. By submitting information into the Portfolio Builder, you grant Lucas Financial a limited, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, and modify (for formatting and technical purposes only) your User Content solely to operate and provide the Portfolio Builder to you.
• Public Platform Submissions. Any information, data, or materials you submit to the DST Atlas public platform (including, without limitation, sponsor-provided offering details, marketing materials, or related content) will not be treated as User Content. Such submissions become DST Atlas Content, owned exclusively by Lucas Financial, and may be used, reproduced, stored, displayed, distributed, and modified by Lucas Financial in its discretion.

Compliance with Laws: User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

Rights in DST Atlas Content: Subject to your compliance with these Terms, Lucas Financial grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access, download, view, copy, display, and print DST Atlas Content solely in connection with your permitted use of the Services. For clarity, client-facing reports and materials generated by you through the Portfolio Builder (including whitelabeled reports with your branding) are not considered DST Atlas Content and remain your property for use and distribution to your clients; however, all other content made available through the Services, including any information, data, or materials submitted to the DST Atlas public platform, constitutes DST Atlas Content and remains the exclusive property of Lucas Financial.

Responsibility of Users

Lucas Financial has not reviewed, and cannot review, all of the Content posted to or included in our Services, and cannot therefore be responsible for that Content. The Services contain Content from and of third parties. By operating our Services, Lucas Financial does not represent, warrant, covenant or promise that Content is accurate or error-free or that Content does not contain omissions, inaccuracies or changes. You are solely responsible for ensuring the accuracy of Content. Lucas Financial disclaims any responsibility for any harm resulting from the use of our Services, or from any downloading or use of Content there posted.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Lucas Financial, a Lucas Financial employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm Lucas Financial or Users of our Services, or expose them to liability.

Additionally, you agree not to:

• Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on our website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of our Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services or any server, computer, or database connected to our Services.
• Attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or the DST Atlas Content.
• Modify, translate, or create derivative works based on the Services.
• Use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party.
• Provide access to the Services to any person who is not a User.
• Remove any proprietary notices or labels, including with respect to the licensors of any third party data made available via the Services.
• Publish or otherwise disclose the results and proceeds of the Services.
• Use the Services or the results and proceeds of the Services to build a similar or competitive product or service.
• Otherwise attempt to interfere with the proper working of the Services or to use the Services in a manner inconsistent with these Terms.

Monitoring, Enforcement, and Termination

We reserve the right to:

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of our Services or the public, or could create liability for Lucas Financial.
• Disclose your identity or other information about you to any third party who claims that your User Content violates their rights or to any third party regulator in accordance with applicable law.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, industry regulators or court order requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD HARMLESS LUCAS FINANCIAL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot undertake to review User Content and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DSTAtlas.com links, and that link to DSTAtlas.com. Lucas Financial does not have any control over those non-DSTAtlas.com websites and is not responsible for their contents or their use. By linking to a non-DSTAtlas.com website, Lucas Financial does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lucas Financial disclaims any responsibility for any harm resulting from your use of non-DSTAtlas.com websites and webpages.

Copyright Infringement and DMCA Policy

As Lucas Financial asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DSTAtlas.com violates your copyright, you are encouraged to notify Lucas Financial (Luke.Lofman@LucasFinCo.com) in accordance with Digital Millennium Copyright Act of 1998. Lucas Financial will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Lucas Financial will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Lucas Financial or others.

Intellectual Property

This Agreement does not transfer from Lucas Financial to you any Lucas Financial or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Lucas Financial. Lucas Financial and its licensors exclusively own all right, title and interest in and to the Service and DST Atlas Content, including all associated intellectual property rights. DST Atlas, DSTAtlas.com, and all other trademarks, service marks, graphics and logos used in connection with DSTAtlas.com or our Services, are trademarks or registered trademarks of Lucas Financial or Lucas Financial’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Lucas Financial or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Termination

Lucas Financial may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is”. Lucas Financial and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lucas Financial nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted or that the data, information and results and proceeds of the Services shall contain no errors, omissions, inaccuracies or changes. You understand that you obtain content or services through our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado.

Limitation of Liability

In no event will Lucas Financial, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the Gross Commission Fees paid by you to Lucas Lofman under this Agreement during the three (3) month period prior to the cause of action. Lucas Financial shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of our Services: (a) will be in strict accordance with this Agreement; (b) will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and (c) will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Lucas Financial reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless Lucas Financial, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous

Our collection, use, disclosure, and retention of personal information are described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. By using the Services, you acknowledge our privacy practices and the rights and choices available to you (including how to submit access/deletion/correction requests and opt out of “selling”/“sharing” or targeted advertising; we honor Global Privacy Control where required). If you use the Services on behalf of an Organization, our Data Processing Addendum governs any processing we perform as that Organization’s processor/service provider.

This Agreement constitutes the entire agreement between Lucas Financial and you concerning the subject matter hereof. We may modify any part of this Agreement by posting a revised version at DSTAtlas.com and may require you to click to accept such modified Agreement. The revised version will become effective and binding the next business day after it is posted. If you do not agree with a modification to the Agreement, you should cease use of the Services immediately.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Lucas Financial may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.