Important information

Disclaimer

Users should read these terms and conditions of use carefully before accessing this website.

Welcome to the Equity Resource Investments, LLC (together with its affiliates, “ERI” or “we”) website (together with any other websites maintained by ERI that may be accessed through this website, the “Website”). By using the Website, you agree to abide by these terms and conditions in their then current form (the “Terms and Conditions of Use”).

If you do not agree to abide by these Terms and Conditions of Use, do not use this Website. ERI reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website, including the Terms and Conditions of Use, in whole or in part, at any time. Changes will be effective when posted unless ERI indicates otherwise.

We suggest that you review these Terms and Conditions of Use periodically for changes. These Terms and Conditions of Use constitute a legally binding agreement between you and ERI. By accepting these Terms and Conditions of Use, you represent and warrant to ERI that you are authorized to enter into this agreement.

Confidentiality

The information contained in the password-protected portion of the website (the “Restricted Website”) is confidential and is subject to the confidentiality provisions contained in the partnership agreements of the ERI sponsored investment vehicle(s) or fund(s) to which such information relates (together with any investment vehicles or funds previously or subsequently offered by ERI or its affiliates, the “ERI Funds”). As a limited partner or member of one or more of the ERI Funds, or a representative of such a limited partner or member, you are subject to those confidentiality provisions. The information contained in the Website may not be reproduced or redistributed in any manner.

The information contained in the Restricted Website may include material non-public information regarding the ERI Funds and their underlying investments. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.

Ownership

All content included on this website, such as documents, charts, graphics, logos, articles and other materials, is the property of ERI or others and is protected by copyright and other laws. All trademarks and all logos and copyrighted materials displayed on this Website are the property of their respective owners, who may or may not be affiliated with ERI. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or trademark displayed on this Website without the written permission of ERI or such other third party that may own the content or trademark displayed on this Website.

By utilizing this Website, you agree not to sell, copy, publish, distribute, transfer, modify, display, reproduce or create derivative works from the materials on this Website for commercial use. You agree not to publish, display or redeliver any of the pages, text, images or content of this Website using “framing” or similar techniques.

Restrictions on Use

ERI grants you a limited right to use the Website. Your right to use the Website is subject to your agreement to abide by these Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason, or for no reason, ERI may revoke your right to use all or any portion of the Website. ERI authorizes you to view and access a single copy of the content available on this Website for your own use. You are not permitted to reproduce or distribute to third parties any such content for commercial use, or for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Please be advised that ERI may record certain usage information, such as the number and frequency of visitors to this Website.

You may not access the Website or use the information contained in the Website for any illegal purpose or in any manner inconsistent with these Terms and Conditions of Use. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business or investments of ERI or funds managed by ERI or its affiliates.

You are not permitted to decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Terms and Conditions of Use.

Third Party Websites

This Website provides hyperlinks to websites operated by other entities. ERI offers these hyperlinks as an accommodation to you and other users, but does not make any representations with respect to the accuracy, quality or suitability of the content provided on websites located through such hyperlinks, nor are we responsible for the practices of such other websites and sponsoring companies. In addition, third-party sites may be linked to this Website, with or without ERI’s consent. ERI makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon.

If you access any third-party website through this Website or otherwise, you do so at your own risk and you are subjecting yourself to policies and practices employed by the operators of the other websites. Please note that these Terms and Conditions of Use apply only to this Website and not to other websites that may be accessible from this Website via hyperlink. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Informational Purposes Only

This Website does not constitute an offer to sell or a solicitation of an offer to buy any security, including, without limitation, any interest in any investment vehicle managed by ERI or any company in which ERI, any ERI Fund, or any of their respective affiliates, have invested. This Website does not provide information material to an investor’s decision to invest in any ERI Fund. Prospective investors should carefully review all final private placement memorandums, subscription agreements and other related documents prior to making any decision to invest in an ERI Fund. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. Nothing on this Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice, nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.

Although this Website may include investment-related information, nothing on this Website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.

Forward Looking Statements

The Website may contain various forward looking statements within the meaning of the United States Securities Act of 1933. These statements are made to assist you in understanding the current and potential future performance of investments held by ERI Funds. Such statements include the words “anticipates”, “believes”, “expects”, “intends”, “plans”, “estimates”, “future” and words of similar substance. We base these forward looking statements on our current expectations (or expectations at the time of publication of the applicable materials), which are informed by information developed independently by ERI and information from its investments and third parties. These forward looking statements are subject to risks, uncertainties and assumptions that are related to, among other things: anticipated growth strategies, product development, technological advances, legal and regulatory changes, anticipated industry trends and conditions, expected capital needs, the ability to compete in the future and general market risk.

To the extent ERI investments file periodic reports with the United States Securities and Exchange Commission, we also direct you to the “Risk Factors” disclosure contained in such reports for specific risks associated with investing in such companies, but ERI assumes no responsibility for the accuracy, adequacy or timeliness of such disclosure. All market and/or company estimates included in documents in the Website are included for illustrative purposes only and have not been adapted, endorsed or independently verified by ERI. The Website contains certain information which ERI has obtained from its investments or joint ventures directly. ERI has not confirmed the accuracy of all such information, and is not undertaking any obligation to update or revise any such information. Actual results could and likely will differ, sometimes materially, from those projected or anticipated. ERI is not undertaking any obligation to update or revise any forward looking statements, whether as a result of new information, future events or otherwise. You should not take any statements regarding past trends or activities as a representation that the trends or activities will continue in the future. Accordingly, you should not place undue reliance on these statements.

Risks You Assume by Using the Website

Information on the Website speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. By accessing this Website, you agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Website.

Transmissions to and from the Website

ERI makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Website. While we make reasonable efforts to ensure that the Website is secure, we do not guarantee the security of the Website. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to ERI, particularly those containing confidential information, may be sent by mail to: Equity Resource Investments, LLC, 1280 Massachusetts Avenue, Suite 400, Cambridge, Massachusetts 02138 Attention: Chief Compliance Officer. ERI shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to ERI through the Website.

You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available within the Website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Website and content or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.

Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may be a violation of law. ERI may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.

Password Use, Security and Notification

If you have received a password to access the Restricted Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to ERI Funds (“Approved Information”), and you agree not to attempt to access computer files other than the Approved Information. You agree that you are responsible for all activities that occur in connection with or arising out of use of your password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Restricted Website. You agree to notify ERI immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

If you have not received a password to access the Restricted Website, you agree not to attempt to access computer files in the Restricted Website.

International Use

Due to the global nature of the Internet, this Website may be accessed by users in countries other than the United States. Unless otherwise expressly set forth herein, ERI makes no representation or warranty that materials on this Website are appropriate or available for use in any location. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws and regulations.

Disclaimer of Warranties

This Website and the information and materials on this Website are provided “as is” and without warranties or representations of any kind either expressed or implied and ERI and its affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. ERI does not warrant the availability, accuracy, completeness, timeliness, functionality or reliability of any information on this Website or that this Website will operate “error free.” In no event shall ERI or its affiliates, or any of their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds’ limited partners (collectively, the “ERI Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website. ERI’s liability is limited to the maximum extent permitted by law and is limited even if ERI has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction. You understand and agree that your use of this Website is predicated upon your waiver of any right to sue ERI or its affiliates directly or to participate in a suit for any losses or damages resulting from your use of this Website.

If your use of this Website gives rise to any third-party claim against you or any ERI Party, you agree to (i) indemnify and hold harmless the ERI Parties with respect to any such claim, (ii) release the ERI Parties from any such claim and (iii) waive all laws that may limit the efficacy of such release.

Termination

ERI may terminate your access to the Website, including the Restricted Website, for any reason or no reason, without prior notice.

Indemnification

You agree to indemnify and hold harmless ERI and its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents from any and all liabilities, damages, losses, claims, expenses and fees resulting from your breach of these Terms and Conditions of Use.

Governing Law

These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. ERI may bring an action against you in connection with any dispute, controversy or claim arising out of these Terms and Conditions of Use or your use of the Site (“Dispute”) in any jurisdiction. Without limiting ERI’s right to do so, you agree that any dispute relating to these Terms and Conditions of Use shall be brought solely in the state or federal courts located in Boston, Massachusetts and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this Website within one year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision in these Terms and Conditions of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder shall continue in full force and effect. To the extent these Terms and Conditions of Use conflict with the terms and conditions of use relating to any password-protected area of this Website, the more specific terms and conditions of use relating to such password-protected area shall control.

Severability

If any provision of these Terms and Conditions of Use are deemed unlawful, void, or for any reason unenforceable, then such provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions.

Investments

Certain portions of the Website may contain information regarding some, but not all, of the investments in which ERI Funds have invested. No assumption should be made that the investments identified were or will be profitable. A complete list of all current and prior investments of ERI Funds is available upon request.

Any statements, including any environmental, social and governance (“ESG”) initiatives, standards or metrics, described herein reflect the subjective views and opinions of ERI’s third party joint venture partner(s). It should not be assumed that any ESG initiatives, standards or metrics described herein, including those relating to sustainability and climate, will apply to any asset in which any ERI Fund invests or that they have applied to any of ERI’s prior investments. ESG considerations may be taken into account when ERI funds make investment decisions, though other considerations can be expected to outweigh ESG considerations (if any).

Contact Information

Thank you for visiting our Website. Please contact us at info@ERILLC.com if you have any questions about our Website, the legal notices or terms of use. Electronic mail or other communications through this Website to ERI (or any of its employees, agents or representatives) are not secure and we do not guarantee the confidentiality of such communications.