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Terms of Use

Introduction

Welcome to EMFcapital.com, owned and operated by EMF Capital, Inc. and EMF Capital Management, Inc. (“EMF Capital” or the “Company”). Please read these Terms of Service (the “Terms”) carefully before using the services offered by EMF Capital. These Terms sets forth the legally binding terms and conditions for your use of the website at EMFcapital.com, all other sites owned and operated by EMFcapital that redirect to EMFcapital.com, and all subdomains (collectively, the “Site”), and the services provided by the Company (the “Services”). By accessing, visiting, browsing, or contributing to the Site, you agree to be bound by these Terms, the Privacy Policy, and all other operating rules, policies and procedures that may be published by EMF Capital from time to time on the Site (collectively, the “Published Information”), each of which is incorporated by reference and each of which may be updated by EMFcapital from time to time without notice to you. In order to access the Site and utilize any of the Services, you must accept these Terms, the Privacy Policy and any Published Information.

Your use of the Site and Services is governed by the then current version of these Terms in effect on the date of such use. EMF Capital may, at its sole discretion, modify and replace these Terms at any time and without prior notice to you by posting the updated Terms on the Site. By using and accessing the Site, you acknowledge and agree to review the then-current version of the Terms prior to each such use. Your continued use of the Site after any modifications to the Terms have been published on the Site, or otherwise provided to you, constitutes your acknowledgement of, and binding agreement to, the then-current Terms. Notwithstanding the foregoing, the resolution of any dispute that arises between you and EMF Capital will be governed by the Terms in effect at the time of the events giving rise to such dispute. EMF Capital further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that EMF Capital and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Please also note that these Terms are in addition to any other agreements between you and EMF Capital, including any customer, account or marketing agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site. These terms do not alter in any way the terms or conditions of any other agreement you may have with EMF Capital, or its subsidiaries or affiliates, for the Service or otherwise. If you do not agree to all of these Terms and/or any Published Information, you are not eligible to participate in EMF Capital’s Services or otherwise use this Site.

USER REQUIREMENTS

The Services are available only to individuals who are at least 18 years old (and at least the legal age in the jurisdiction of such user’s domicile). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. EMF Capital may, in its sole discretion, refuse to offer the Services to any person or entity. The Services are not available to any users suspended or removed from the Site or Services by EMF Capital. By accessing the Site and/or using the Services, you represent that you have not been previously suspended or removed from the Site or Services.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to EMF Capital, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree to immediately notify EMF Capital of any unauthorized use of your password or account or any other breach of security. EMF Capital will not be liable for any loss or damage arising from your failure to comply with this Section.

In order to invest in any of the securities offered on this Site, you must be an “Accredited Investor” as defined in Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”). In general, to qualify as an Accredited Investor, individuals must have a net worth of more than $1 million (excluding their primary residence), or gross income for each of the last two years of at least $200,000 ($300,000 jointly with their spouse) with the expectation of a similarly qualifying income during the current year. You will be required to provide supporting documents to EMF Capital to provide verification that you are an Accredited Investor. Such verification may require completion of an Accredited Investor questionnaire, submission of an Internal Revenue Service form (e.g., a W-2), completion of a satisfactory background information screening, and/or other confirmations or documentation. Your failure to provide any information and documentation requested to confirm your status as an Accredited Investor will preclude you from participating in any of the investment opportunities presented on the Site.

For offers and sales that occur outside of the United States, persons are only allowed access to such investment opportunities if such person represents that his or her access does not violate the laws of his or her country of residence. Pages of the Site that relate to the viewing of investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where EMF Capital is not authorized to provide such information or services. Your use of the Service or the Site constitutes your affirmative acknowledgment that you are not in violation of the laws of your country of residence and a waiver of the protection of any local non-U.S. laws.

SECURITIES OFFERINGS; NO PROFESSIONAL ADVICE PROVIDED

The securities offered on the Site have not been registered under the Securities Act in reliance on the exemptive provisions of Section 4(a)(2) of the Securities Act and Rule 506, and/or Regulation S, promulgated thereunder. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering on this Site. EMF Capital is not a registered broker-dealer, funding portal, or investment advisor and EMF Capital does not conduct any activity that would require such registration.

Investment overviews on the Site contain summaries of the purpose and principal business terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. The information contained on the Site has been prepared without reference to your investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.

The contents of this Site do not constitute financial, legal, or tax advice. You are solely responsible for conducting any legal, accounting or other due diligence review. You should obtain investment and tax advice from your advisers before deciding to invest. You acknowledge and agree that EMF Capital is not a registered Investment Company or Investment Advisor within the meaning of the Investment Company Act of 1940 and the Investment Advisors Act of 1940, respectively. You should obtain investment and tax advice from your advisers before deciding to invest. Investment products are not FDIC insured, may lose value, and there is no bank guarantee.

None of the information contained on the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the EMF Capital is not authorized to provide such information or services. Some products and services described in the Site may not be available in all jurisdictions or to all users.

UNAUTHORIZED USE/PROHIBITED ACTIVITIES

Unauthorized use of the Site and/or the Services, including, but not limited to, unauthorized entry into EMF Capital’s systems, the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations.

You further agree that you are responsible for any unauthorized use of your password that is made before you have notified EMF Capital and before EMF Capital has had a reasonable opportunity to act on that notice. EMF Capital reserves the right at its discretion to suspend or cancel your account and/or password, even without receiving such notice from you, if there is any suspicion that it is being used in an unauthorized or fraudulent manner. You are solely responsible for maintaining the confidentiality of your account and password.

You agree that you are responsible for your own conduct while using the Site or Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms, any Published Information, and any applicable law, rules or regulations (including without limitation the Securities Act, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, any securities exchange or self-regulatory organization’s rules or regulations, any consumer protection, unfair competition, and anti-discrimination laws or regulations and any applicable foreign laws).

PROPRIETARY RIGHTS

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are EMF Capital’s proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without EMF Capital’s prior written consent, except that, if you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep such portions confidential and all copyright or other proprietary notices intact. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. EMF Capital may revoke this license at any time without notice and with or without cause.

CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Because EMF Capital offers its Services on this Site and on the Internet, it is necessary for you to consent to transact business with EMF Capital online and electronically. Before you decide to do business electronically with EMF Capital, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions; and hardware capable of running this software.

EMF Capital works with third-party escrow agents and administrators and uses third-party bank accounts through which it receives payments, and makes disbursements, through electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you may provide to EMF Capital. If you elect to send or receive electronic fund transfer, you authorize such bank or other financial account to pay any amounts described herein, and authorize EMF Capital’s agents to make any and all investment disbursements to such account. You agree to provide EMF Capital with updated information regarding your bank or other account upon the EMF Capital’s request and at any time that the information earlier provided is no longer valid.

By using the Services, you consent to receive from EMF Capital certain disclosures electronically, either via the Site or to the email address you provide to EMF Capital, and by these Terms you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS forms or other tax forms, schedules or information statements, arising from or relating to your registration as an investor on the Site, any investments you may make, your use of this Service, and the servicing of any investment you may make (each, a “Disclosure”), from EMF Capital or any of its service providers.  The decision to do business with EMF Capital electronically is yours.  This document informs you of your rights concerning Disclosures.

Your consent to receive Disclosures and transact business electronically, and EMF Capital’s agreement to do so, applies to any transactions to which such Disclosures relate between you and EMF Capital. You may not withdraw such consent as long as you have any outstanding investments with EMF Capital. If you have no outstanding investments with EMF Capital and wish to withdraw consent to doing business electronically, with EMF Capital will terminate your registered User account.

You also expressly consent to receiving messages, including emails (including SMS/text messages), and substantially similar messages widely distributed on telephone answering or voicemail systems from EMF Capital, EMF Capital’s affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry. If you are accessing the Site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store.” If you do not have these capabilities on your mobile device, please access the Site through a device that provides these capabilities.

Electronic Communication Privacy Act Notice (18 U.S.C. §§2701-2711): EMF Capital makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. EMF Capital will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on EMF Capital’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.

MODIFICATION

EMF Capital reserves the right, in its sole and absolute discretion and without any prior notice to you, to modify, correct or replace any of the terms of these Terms of Service, or change, suspend, or discontinue the Site or the Services (including without limitation, the availability of any feature, database or content) at any time. Such modification shall become a part of these Terms and is automatically effective once posted on the Site. These Terms may not be orally amended. EMF Capital may also impose limits on certain features and services or restrict your access to all or a part of the Site or Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Service constitutes your acceptance of those changes.

TERMINATION

EMF Capital may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by sending notice to EMF Capital through the Site. All provisions of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LIMITATION OF LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAWS, IN NO EVENT WILL EMF CAPITAL OR ANY OF ITS DIRECTORS, OFFICERS, EQUITYHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES (INCLUDING ANY INVESTMENTS MADE) OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EMF CAPITAL OR ITS DIRECTORS, OFFICERS, EQUITYHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN EMF CAPITAL AND RECEIVED THROUGH THE SERVICES OR ANY LINKED SITES.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

DISCLAIMERS

You agree that your use of the site and services and any content, products, services, or features made in conjunction with or through the services shall be at your sole risk and unless otherwise expressly stated by EMF Capital, are provided “as is” and “as available”. To the fullest extent permitted by law, EMF Capital, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the site and the services and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, compliance with united states federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, and equivalent laws or regulations in foreign jurisdictions, correctness, accuracy and reliability.

EMF Capital has no special relationship with or fiduciary duty to you and without limiting the foregoing, makes no representation or warranty with respect to the merits and risks of any investments made by using or through the services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. EMF Capital is not responsible for verifying that any investor or user is an accredited investor beyond reviewing information submitted directly to EMF Capital or its designated agents. EMF Capital does not recommend any investment opportunities specifically to or for any user or endorse their suitability for investment by any specific user.

The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. EMF Capital assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. EMF Capital is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site or the Services. Under no circumstances will EMF Capital be responsible for any loss or damage, or personal injury or death, resulting from anyone’s use of the Site or the Services.

GOVERNING LAW; ARBITRATION

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed and enforced in accordance with the laws of the state of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. By your agreement to these Terms and your use of the Services, you agree to submit to personal jurisdiction in Florida for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and EMF Capital, any dispute arising out of or relating to these Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Florida. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either EMF Capital or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision. You acknowledge and agree that you may bring claims against EMF Capital only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

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