Legal Notice

TERMS OF USE

This website has been developed as a service of Equity 38, LLC (“Fund”). By accessing and using the web site located at https://equity38.com/  (the “Web Site”), you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use.  You also acknowledge that Fund may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site. If you do not agree to these Terms, do not use the Web Site. As used in these Terms of Use, “we” includes Fund, each of its affiliates, and any third-party vendors we hire to assist in the administration of the Web Site, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.

Information Services

This Web Site is intended solely to provide information, materials and data (the “Information”) regarding Fund’s potential financing capabilities for prospective portfolio investments, and the Information provided herein, including any Information regarding Fund’s current and historical portfolio investments, is not intended to recommend any investment described herein and is not an offer or sale of any security or investment product or investment advice. Fund does not solicit or make its services available to the public.

Any past performance Information presented herein is not a guarantee or indication of future results and should not be relied upon for such reason. There can be no assurance that Fund will necessarily achieve its investment objectives or that it will or is likely to achieve results comparable to those shown herein, or will make any profit, or will be able to avoid incurring losses. Investments in Fund are subject to a variety of risks. Investments in Fund are suitable only for qualified investors that fully understand the risks of such investments. The Information herein does not take into account the particular investment objectives or financial circumstances of any specific person.

Fund makes no representations that transactions, products or services discussed on this Web Site are available or appropriate for sale or use in all jurisdictions or by all investors. Offers can only be made where lawful under, and in compliance with, applicable law. Those who access this Web Site do so at their own initiative and are responsible for compliance with local laws or regulations. While Fund uses reasonable efforts to obtain information from reliable sources, it makes no representations or warranties as to the accuracy, reliability or completeness of any Information on this Web Site. Opinions and any other contents on this Web Site are subject to change without notice.

Fund is not utilizing this Web Site to provide investment or other advice, and no Information within this Web Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. Any transactions listed on this site are included as representative transactions and are not necessarily reflective of overall performance.

License and Access to the Web Site

No person under the age of eighteen (18) is authorized to access or use this Web Site.  User access to, and use of, the Web Site is subject to all applicable federal, state and local laws and regulations.  Use of this Web Site is void where prohibited.  By using this Web Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.

Fund grants you a limited, non-transferable license to access and use for non-commercial purposes the Web Site. Such limited license shall enable you to use the Web Site for informational purposes. This license shall not include any resale or commercial use of the Web Site or its contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fund or our affiliates without our prior express written consent.

We make no guarantees regarding the availability of the Web Site.  Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site.  Any rights not expressly granted by these Terms are reserved by us.

You are under no obligation to use or continue to use the Web Site and may temporarily or permanently cease using the Web Site without notice to Fund. Any use of the Web Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site or any portion thereof.

Restrictions on Your Use

All content within the Web Site and any materials made available on these pages for downloading, if any, are the property of Fund and/or its affiliates or other third parties.  The Web Site and portions of the Web Site are protected by copyright and trademark laws.  This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded or otherwise accessed by you.  You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials.  You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.

To the extent applicable, when accessing the Web Site, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site.  You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site. All forms of indirect and ‘spoofed’ access are strictly prohibited.

Do not submit, post or otherwise transmit via the Web Site information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.

Intellectual Property Ownership

Any and all intellectual property rights associated with the Web Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Fund or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without the express written consent of Fund or the express written consent of the appropriate third party, as applicable. Except as provided herein, Fund does not grant to you any express or implied rights to Fund or any third party’s Intellectual Property.

We thank [www.unsplash.com] for their outstanding images which are found throughout our site, as well as [The McClure Group LLC] for its design.

Privacy Policy

Any personal information or other information about you collected by Fund through, or in connection with, this Web Site is subject to our Privacy Policy. Fund Privacy Policy is incorporated into the terms of this Agreement by this reference.  As indicated in these Terms, this Web Site is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.

Links 

This Web Site may provide or include links to other world wide web sites or resources. While Fund attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Fund’s standards, please understand that the content on these third-party websites is subject to change without notice to Fund. Because we have no control over such sites and resources, you acknowledge and agree that Fund is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Fund SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

Fund prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Web Site, you must contact Fund to discuss mutually agreeable terms for such hyperlink.

Exclusion of Warranty

FUND MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. FUND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  FUND DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER FUND, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE OR SERVICES, OR (2) THE INTERNET GENERALLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

Limitation of Liability

FUND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL FUND BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN.

Jurisdictional Issues

Although this Web Site is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Web Site is controlled and operated by Fund from its offices within the State of Georgia. Fund makes no representation that materials on the Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum 

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the State of Georgia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.

Indemnity and Release

By using this Web Site, you agree to indemnify Fund and its partners, officers, employees and agents and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site. By using the Web Site, you are hereby agreeing to release Fund and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Fund with respect to this Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Fund with respect to this Web Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

Changes to the Terms

We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site, and any use of the Web Site after such revisions have been posted signifies your consent and agreement to the modified Terms.

This Agreement was last modified and is effective as of February 1, 2018.

Privacy Statement

Overview

The web site located at https://equity38.com/ (“Site”) is owned and operated by Equity 38, LLC (“Fund”).   We recognize the importance of privacy to you and are firmly committed to protecting your privacy when you visit the Site.  As a result, we have instituted this website privacy policy (“Privacy Statement”).  Fund is providing this notice to explain how we collect, use, disclose and protect the personal information you submit to us.  This Privacy Statement applies only to the use and collection of data collected by the Site and does not apply to any other data collected by us online or offline.

In general, you may visit the Site and view its content while remaining anonymous by not providing any personal information. By visiting and using the Site, you agree to the terms of this Privacy Statement and, if you provide us your personal information, you consent to the collection, use and disclosure of your information as described in this Privacy Statement. If you do not agree with this policy, please do not provide us any information and do not use the Site.

As used in this Privacy Statement, “we” and “our” means Fund and its affiliates.

Information We Collect

Our Site may collect non-identifiable information that becomes available to us as a result of your visit to our Site. This information includes, for example, your IP address (a number automatically assigned to your computer when you visit the Site, and which is logged by our servers), your Internet Service Provider (“ISP”), your web browser, the type of operating system, the domain name of the website which links you to our Site, the pages you visited, and the length of each visit to the Site.

Because we are very interested in the successful dissemination of information through the Site, we will review visitor trends recorded on certain log files.  In connection with such log files, analysis software will be used to generate reports which will allow us to determine how we can enhance your experience with our Site.  This information will not be used to ascertain your identity or the substance of what you are viewing.  The log files may be purged periodically, in our discretion, to maximize space on the server.

If you voluntarily submit information to our Site, for example, in a request to receive a Fund news alert or newsletter, we may record and use any personally identifiable information, such as your name, phone number, email address, billing information, credit card or other financial account information, and certain other personal, professional and demographic information about you, for any reasonable business purposes including, but not limited to, fulfilling your request.

Collection of Personally Identifying Information from or about Children

Fund does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Fund. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at 404.844.5385

Use and Disclosure of Your Personal Information

The information we learn from visitors helps us personalize and improve the Site and services that we offer through the Site. We use your information for the following purposes:

  • establishment and maintenance of our relationship with you, including communicating with you from time to time;
  • responding to your requests and inquiries;
  • meeting legal, regulatory, insurance, security and processing requirements; and
  • otherwise with your consent.

Fund may engage third parties to manage the Site and provide other services in connection with the Site or on our behalf.  Such third parties may have access to certain personal information you provide as necessary for the provision of such services on behalf of Fund; provided, however, all such third parties shall be required to protect such personal information in accordance with this Privacy Statement.

We will not share or sell personal information with unaffiliated third parties (including direct marketing firms), except as set forth in this Privacy Statement, unless we have requested and obtained your consent.

Other Uses

In addition, we may share your personally identifying information with any third-party, without your consent or approval and without notice to you, (i) as permitted or required by law, (ii) to protect and defend the rights of Fund and its employees or any other user of the Site, (iii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event, (iv) under circumstances we believe reasonably necessary to protect the personal safety of our employees, users of the Site, or the public, (v) to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our policies, (vi) to operate the Site properly, or (vii) as is otherwise described in this Privacy Statement.

Cookies

We may from time to time use cookies on our Site. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user of our Site, track your use of our Site and target advertising. This allows for personalization of certain aspects of your visit to our Site. Information gathered from cookies in this way is only used on an aggregate basis. Unless a visitor specifically provides their identity to us, e.g., by registering at our Site, providing information through an online form or sending us correspondence from the Site, we will not know the identification of individual visitors. We may use cookies to store preferences; record session information; develop information about Site visitors’ preferences and interests; record past activity at a website in order to provide better service when you return to our Site; or customize web page content based on information you voluntarily provide.

You can disable cookies using your Internet browser settings. Please consult your browsers’ help function for information on how to disable cookies. Note that if you disable cookies, certain features of our Site may not function properly.

Links

The Site contains numerous links to other websites, including retailer and product location and marketing websites. Fund does not control these third party websites, and this Privacy Statement will not apply to those websites. You should consult each applicable privacy policy before using another linked website and/or providing or sending any information requested on any such website.

Security

We have security measures in place to protect against the loss, misuse, and alteration of the information under our control. While we strive to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from intercepting this information.  You should not assume or expect that any communication that you transmit to us (such as personally identifiable or other data, questions or answers, comments, or suggestions) is confidential.  Fund, any third parties providing services in connection with the Site, and their respective internet service providers shall not be liable or responsible if any information about you is intercepted and used by an unintended recipient.

California Users

In accordance with California Civil Code 1798.83, California residents are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov

Access, Correction and Contacting Us

You may contact us at info@equity38.com if you wish to correct or change any information about you that we may have collected, or if you wish to opt-out of receiving any communications from us.

If you have questions about anything contained in this Privacy Statement, including how your personal information is used, please contact us at:

Equity 38, LLC

75 14th Street Suite 2700

Atlanta, GA 30309

Privacy Statement Changes

This Privacy Statement may be revised from time to time by us in our sole discretion.  Any changes will be effective upon posting of the revisions at www.equity38.com  We may post changes or modifications to referenced policies and guidelines without your approval, and may determine whether and when any such changes apply to you.  Your use of the Site following our posting of any changes will constitute your acceptance of such changes.  Should you not wish to be bound by the modified Privacy Statement, please do not use the Site. 

This Privacy Statement was last revised on and is effective as of February 1, 2018.