Last Updated: December 3, 2020

PLEASE READ THESE TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SITE.

These Terms of Use apply to this site, provided by USA EB5 Immigration, LLC and its affiliates (collectively, “Company,” “we,” “us,” or “our”).

What’s Contained in this Agreement

  • Highlights of the Agreement
  • Our Intellectual Property Rights
  • Your Authorized Use of Our Site
  • Accounts
  • Other Policies
  • Additional Terms
  • Disputes, Arbitration and Class Action Waiver
  • Contacting Us

Highlights of the Agreement

This Terms of Use Agreement (the “Agreement” or the “Terms of Use”) is a legal agreement between you and us governing your use of our website (“Site”).

Our Rights:

  • All the Content on our Site is protected by intellectual property rights―you may only make limited use of the Content you find on our Site, as described below.
  • We may block you from accessing our Site.

Your Use of Our Site:

  • You only may use our Site and our Content for your personal, non-commercial use.
  • You must not attempt to bypass security protections on our Site, introduce viruses or other harmful code or use our Site to attack other websites or services.
  • If you register for an account on our Site, you should keep your password confidential and not allow other people to use your account.

Other Things to Know:

  • By using our Site, you automatically consent to the terms of this Agreement, which will be updated by us from time to time without advance notice. We may assign this Agreement at any time with or without notice to you.
  • This Agreement contains limitations on our liability to you, important disclaimers of warranties and indemnification obligations by you.
  • This Agreement governs how disputes will be handled, including using arbitration with a class action waiver.
  • Your use of our Site may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy.
  • This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.

Please read the complete Agreement below


Our Intellectual Property Rights

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Site (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of our Site. All intellectual property rights associated with the Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on our Site is strictly prohibited.

We grant you a limited license to access and use the Site and its Content for personal and informational purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without our written permission, except that you may download or print copies of the documents made available after you log into the investor portal.

Your Authorized Use of Our Site

While using our Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use our Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with our Site or any other party’s use of our Site. You may not:

  • Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Site;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Site, or express or imply that we endorse any statement you make;
  • Violate, or attempt to violate, the security of our Site;
  • Disseminate on our Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on our Site or to collect any information from our Site or any other user of our Site; or
  • Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Site.

Accounts

In general, you are not obligated to register to access the Site. However, certain sections and features of our Site are available only to users who have registered for an account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, or that is offensive. You may only have one active Registered User account on our Site at any given time, and you may not allow other people to use your account credentials to access our Site.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that that is incorrect by emailing or calling us. You agree that you are responsible for all activities that occur under your Registered User account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access our Site in violation of this Agreement. In addition, you agree to exit from your Registered User account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to our Site by contacting us as soon as possible. We reserve the right to take all actions we deem necessary or reasonable to maintain the security of our Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Other Policies

This Agreement applies exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with us, including agreements relating to your investment.

Additional Terms

Termination

The Site and this Agreement are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to our Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning protection of intellectual property rights, authorized use, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of our Site is terminated pursuant to this Agreement, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from all liability that we may incur therefore. We fully reserve the right to prosecute all violators of the law.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS  (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE OUR SITE, THE SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO YOUR ACTUAL DAMAGES BUT IN ANY EVENT NO MORE THAN $1,000.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; and (ii) your activities in connection with our Site.

Consent to Communication

When you use our Site or send communications to us through our Site, you consent to receive electronically any communications related to your use of our Site. Please note that by creating a Registered User account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

International Users

Each Site is controlled, operated and administered by us (or our licensees or agents) from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access our Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. We may limit our Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and we agree that any dispute, claim or controversy arising out of or relating in any way to this Agreement, the Site or the Privacy Policy shall be determined by binding arbitration. You acknowledge that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You also agree that any dispute in connection with our Site, this Agreement or the Privacy Policy will be governed by the laws of the Maryland and the United States of America. This provision shall survive termination of this Agreement.

If you elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 6106 MacArthur Blvd, Suite 104 Bethesda, MD 20816. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Contacting Us

If you have questions about this Agreement, or if you have technical questions about the operation of our Site, please contact us by writing us at 6106 MacArthur Blvd, Suite 104, Bethesda, MD 20816 or emailing lgordon@eb5capital.com. If you have any questions or comments about our company or your investment or have other questions, please email info@eb5capital.com.