Please read these Terms carefully. They explain the rules for using our website and highlight important information about the nature of private real estate investments.
Agreement to Terms
These Terms of Service (the “Terms”) govern your access to and use of elevestcapital.com and any related pages, forms, portals, and communications (together, the “Site”) operated by Elevest Capital Management LLC and its affiliates (“Elevest,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site. You must be at least 18 years old to use the Site.
No Offer or Solicitation
The Site is provided for general informational purposes only. Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any security or interest in any fund, property, or investment vehicle.
Any offering by Elevest or its affiliates is made only through a confidential private placement memorandum, operating agreement, subscription agreement, and related documents (the “Offering Documents”), and only to persons who meet the applicable eligibility requirements. Offerings are generally made in reliance on exemptions from registration under the Securities Act of 1933, including Rule 506(b) or Rule 506(c) of Regulation D. In the event of any conflict between the Site and the Offering Documents, the Offering Documents control.
Investor Eligibility and Accreditation
Many of our offerings are available only to accredited investors as defined in Rule 501 of Regulation D. Where required, we will take reasonable steps to verify your accredited investor status, which may include verification through Accredd or another independent third party provider.
By submitting information through the Site, you represent that it is true, accurate, and complete. Submitting a form, completing verification, or creating a portal account does not guarantee that you will be permitted to invest in any offering.
No Investment, Tax, or Legal Advice
Content on the Site, including articles, videos, webinars, calculators, and examples, is educational and general in nature. It is not investment, financial, tax, accounting, or legal advice, and it is not a recommendation that any investment is suitable for you. Please consult your own advisors before making any investment decision.
Investment Risks
Investments in private real estate are speculative and involve significant risks, including the potential loss of your entire investment. These investments are illiquid, are not insured by the FDIC or any government agency, and may not be suitable for all investors. Distributions are not guaranteed and may be reduced or suspended.
Past performance does not guarantee or predict future results. Any projected returns, targets, or hypothetical examples are estimates based on assumptions that may not occur, and actual results may differ materially. A complete description of risks appears in the Offering Documents for each investment.
Forward Looking Statements
The Site may contain forward looking statements, including statements about market conditions, business plans, anticipated returns, and future performance. These statements are based on current expectations and are subject to risks and uncertainties. We undertake no obligation to update them.
Testimonials and Reviews
Testimonials and reviews shown on the Site reflect the experiences of individual investors and may not be representative of the experience of other investors. They are not a guarantee of future performance or success. Any required disclosures regarding compensation or conflicts of interest related to testimonials appear on our Disclosures page.
Private Client Division
Applications to the Elevest Private Client Division are reviewed at our discretion, and submitting an application does not guarantee acceptance. Membership criteria, allocation terms, and related benefits may change at any time. All investments made through the Private Client Division remain subject to the terms of the applicable Offering Documents.
Investor Portal and Accounts
Investor account information, documents, and reporting may be provided through a third party investor portal. You are responsible for keeping your login credentials confidential and for all activity under your account. Please notify us promptly of any unauthorized access.
Communications and Text Message Consent
By providing your contact information and checking the applicable consent box, you agree to receive communications from Elevest, including emails, phone calls, and text messages, about announcements, investment opportunities, and company updates. Calls and messages may be sent using automated technology. Consent is not a condition of investing.
Message frequency varies. Message and data rates may apply. Reply STOP to any text message to opt out, or HELP for assistance. You may unsubscribe from emails at any time using the link in any email. Your mobile information will not be sold or shared with third parties for their own marketing purposes.
Third Party Services and Links
The Site may link to or integrate services operated by third parties, such as accreditation verification, scheduling, application forms, and investor portals. We do not control and are not responsible for these services, and your use of them is subject to their own terms and privacy policies.
Intellectual Property
The Site and its content, including text, graphics, logos, videos, and design, are owned by or licensed to Elevest and are protected by copyright, trademark, and other laws. You may view and print content for your personal, non-commercial use. You may not copy, modify, distribute, or republish any content without our prior written permission.
Acceptable Use
You agree not to use the Site for any unlawful purpose; to submit false or misleading information; to impersonate any person; to attempt to gain unauthorized access to the Site, the investor portal, or any related systems; to scrape or harvest data using automated means; or to interfere with the security or operation of the Site.
Privacy
Our collection and use of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, OR FREE OF ERRORS OR HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVEST AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. Nothing in these Terms limits any rights you may have under the Offering Documents or under federal or state securities laws that cannot be waived.
Indemnification
You agree to indemnify and hold harmless Elevest and its members, managers, officers, employees, and agents from any claims, losses, or expenses, including reasonable attorneys’ fees, arising from your violation of these Terms or your misuse of the Site.
Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Site will be resolved in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction. Disputes relating to an investment are governed by the dispute resolution provisions of the applicable Offering Documents.
Changes to These Terms
We may update these Terms from time to time. Changes are effective when posted, and the “Last Updated” date above will reflect the most recent version. Your continued use of the Site after changes are posted means you accept the updated Terms.
Contact Us
Questions about these Terms may be directed to:
Elevest Capital Management LLC
16260 N 71st Street, Suite 160
Scottsdale, AZ 85254
Phone: (480) 534-7066
Email: legal@elevestcapital.com