Terms of Use

1. Acceptance of These Terms

By accessing or using this website, you represent that:

• You are at least 18 years of age;
• You have the legal capacity to enter into these Terms;
• Your use of the website will comply with all applicable laws and regulations; and
• If you are using the website on behalf of an entity, you have authority to bind that entity to these Terms.

These Terms constitute a legally binding agreement between you and Kurt Capital Group concerning your use of the website.

2. Website Purpose

This website provides general information concerning Kurt Capital Group, our business activities, investment philosophy, real estate interests, market focus, educational content, networking events, and potential professional relationships.

Website content is provided solely for general informational, educational, and relationship-building purposes. It should not be interpreted as:

• A recommendation to purchase or sell any security;
• A recommendation to pursue any real estate transaction;
• An investment or financial plan;
• A guarantee of investment eligibility;
• A commitment that an investment opportunity will be available;
• A representation that any particular transaction will close;
• A promise of profit, income, appreciation, or distributions; or
• A substitute for advice from qualified legal, tax, accounting, securities, or investment professionals.

3. No Offer or Solicitation

No content on this website constitutes or forms part of an offer to sell, a solicitation of an offer to buy, or a recommendation regarding any security, investment contract, membership interest, limited partnership interest, note, debt instrument, or other financial product.

Any offering of securities associated with Kurt Capital Group, an affiliate, or a project-specific entity would be made only:

• By an authorized issuer;
• Pursuant to applicable federal and state securities laws and an available registration exemption;
• Through definitive offering and subscription documents;
• To persons who satisfy the applicable investor-eligibility requirements;
• After completion of any required investor-verification process; and
• In a jurisdiction where the offering and sale are legally permitted.

An indication of interest, contact-form submission, mailing-list registration, event attendance, website account, meeting, telephone call, or other communication does not create a right to invest and does not obligate KCG or any issuer to provide an investment opportunity.

4. Securities-Law Compliance

Private real estate investments may involve the offer and sale of securities. Every offer and sale of securities must either be registered under the Securities Act of 1933 or qualify for an applicable exemption from registration.

A future offering may rely on Regulation D, including Rule 506(b), Rule 506(c), or another available exemption. The exemption selected, offering structure, eligibility standards, disclosure requirements, communications, and verification procedures will be determined separately for each offering in consultation with qualified securities counsel.

Rule 506(b) Offerings

A Rule 506(b) offering generally may not be promoted through general solicitation or general advertising. Access to information concerning such an offering may be limited to persons with whom the issuer or an authorized representative has established an appropriate substantive relationship and who satisfy applicable suitability and eligibility requirements.

Rule 506(b) may permit sales to accredited investors and, subject to substantial legal and disclosure requirements, a limited number of financially sophisticated non-accredited investors. Nothing on this website represents that a non-accredited investor will be permitted to participate in any KCG-related offering.

Rule 506(c) Offerings

Rule 506(c) may permit general solicitation and public advertising, provided that all purchasers are accredited investors and the issuer takes reasonable steps to verify each purchaser’s accredited-investor status.

A person’s statement, questionnaire response, or checked box by itself may not be sufficient to complete the verification required for a Rule 506(c) offering. Additional documents or third-party confirmation may be required.

Offering-Specific Requirements

Each offering may impose additional standards, including:

• Minimum investment amounts;
• Accredited-investor status;
• Financial sophistication requirements;
• Suitability standards;
• Source-of-funds documentation;
• Anti-money-laundering review;
• Identity verification;
• Tax documentation;
• Sanctions screening;
• Jurisdictional limitations;
• Transfer restrictions; and
• Acceptance by the applicable issuer or manager.

5. Accredited-Investor Requirements

Certain private offerings may be available only to investors who qualify as “accredited investors” under Rule 501(a) of Regulation D or another applicable legal standard.

The descriptions above are general summaries and are not a complete statement of the law. Accredited-investor rules may be amended, and qualification depends on the facts and circumstances of each investor.

KCG does not determine your accredited-investor status merely because you submit an inquiry, attend an event, complete a website form, or describe yourself as accredited.

6. Investor Verification

Depending on the applicable offering exemption, an issuer or its authorized service provider may require information sufficient to establish a reasonable belief that an investor is accredited or may take reasonable steps to verify accredited-investor status.

Verification may involve review or confirmation of information such as:

• Tax returns or applicable income-reporting forms;
• Bank, brokerage, or investment-account statements;
• Certificates of deposit;
• Property or tax-assessment documents;
• Credit reports or liability information;
• Organizational documents and ownership records;
• Assets-under-management or investment records;
• Professional licenses or regulatory records;
• Written investor representations; or
• Written verification from a qualified attorney, certified public accountant, registered broker-dealer, or registered investment adviser.

Verification documents should not be submitted through a general website form or ordinary email unless specifically requested through an approved process. A secure third-party verification or investor portal may be used.

Neither completion of verification nor satisfaction of an accredited- investor standard guarantees acceptance into an offering. The applicable issuer may accept or reject a subscription in its discretion, subject to the offering documents and applicable law.

7. Offering Documents Control

If you are invited to consider a specific investment, the terms of that opportunity will be governed exclusively by its definitive documents, which may include:

• A private placement memorandum;
• An offering memorandum or disclosure package;
• A subscription agreement;
• An operating agreement or limited partnership agreement;
• An investor questionnaire;
• Risk disclosures;
• Tax disclosures;
• Project-specific exhibits and financial information; and
• Other transaction documents.

If website content, social-media content, emails, presentations, oral statements, preliminary materials, or summaries conflict with the definitive offering documents, the definitive offering documents control.

No modification to an offering may be made through an informal conversation, website statement, social-media post, presentation, email, or text message unless incorporated into duly authorized definitive documents.

8. Investment Risks

Potential risks may include, without limitation:

• Loss of some or all invested capital;
• Limited or no operating history;
• Lack of liquidity and a limited secondary market;
• Long and uncertain holding periods;
• Restrictions on transferring securities;
• Dependence on management and key personnel;
• Leverage, refinancing, and interest-rate risk;
• Construction, rehabilitation, and cost-overrun risk;
• Entitlement, zoning, permitting, and environmental risk;
• Tenant, leasing, vacancy, and collection risk;
• Property damage and insurance limitations;
• Market, economic, inflation, and recession risk;
• Changes in local, state, or federal laws;
• Changes in taxation or securities regulation;
• Conflicts of interest;
• Capital-call or additional-financing risk;
• Delays in distributions or project completion;
• Inability to refinance or sell an asset;
• Dilution or restructuring;
• Cybersecurity and operational risks; and
• Other risks described in the applicable offering documents.

Private securities may be restricted securities and may not be freely transferable. Investors should not assume that they will be able to sell, redeem, or otherwise liquidate an investment when desired.

9. Projections and Forward-Looking Statements

Website content may include projections, estimates, underwriting assumptions, anticipated returns, business plans, schedules, market expectations, development concepts, or other forward-looking statements.

Forward-looking statements may use words such as “believe,” “expect,” “anticipate,” “intend,” “plan,” “estimate,” “project,” “target,” “potential,” “may,” “could,” “would,” or similar expressions.

These statements are based on assumptions and information available when prepared. Actual results may differ materially due to known and unknown risks, market conditions, financing availability, operating performance, regulatory developments, construction costs, entitlement outcomes, interest rates, taxation, economic changes, and other factors.

No projected return, preferred return, internal rate of return, equity multiple, cash-on-cash return, distribution, sale price, refinancing event, capitalization rate, occupancy level, rent growth, or holding period is guaranteed.

10. Past Performance and Illustrations

Past performance does not guarantee or predict future results. Prior transactions, market examples, third-party case studies, educational illustrations, or hypothetical scenarios may not reflect the results of a future KCG-related investment.

Hypothetical examples may rely on assumptions that do not occur. They may not account for every fee, expense, tax, delay, financing event, loss, market condition, or operational challenge.

Photographs, architectural concepts, renderings, maps, floor plans, project descriptions, and property images may be illustrative. They should not be interpreted as a representation that KCG owns, controls, has placed under contract, or will acquire a depicted property unless expressly stated in definitive transaction materials.

11. Independent Review and Due Diligence

Every prospective investor is responsible for conducting independent due diligence and consulting the investor’s own attorney, accountant, tax adviser, financial adviser, and other professionals before making an investment decision.

KCG does not provide personalized legal, tax, accounting, financial, investment, or retirement advice through this website. Information provided by KCG does not replace advice based on your personal financial circumstances, risk tolerance, investment objectives, tax position, liquidity needs, and legal requirements.

You should independently evaluate:

• The merits and risks of an investment;
• The proposed business plan;
• The sponsor and management team;
• The capital structure;
• The fees and compensation arrangements;
• The potential conflicts of interest;
• The tax consequences;
• The transfer and liquidity restrictions; and
• The accuracy and completeness of offering information.

12. No Professional or Fiduciary Relationship

Your use of this website or communication with KCG does not create:

• An attorney-client relationship;
• An accountant-client relationship;
• An investment-advisory relationship;
• A broker-customer relationship;
• A fiduciary relationship;
• A partnership or joint venture;
• An agency relationship;
• A lender-borrower relationship;
• A sponsor-investor relationship; or
• Any other professional or contractual relationship.

A formal relationship may arise only through definitive written agreements signed by authorized parties.

13. International Visitors and Investors

Kurt Capital Group is based in the United States. Website access from outside the United States does not represent that any investment, product, or service is legally available in your jurisdiction.

International investors may be subject to additional securities, taxation, anti-money-laundering, foreign-investment, currency-transfer, banking, sanctions, reporting, immigration, and legal requirements.

KCG does not provide immigration, visa, citizenship, tax-residency, or foreign-exchange advice. Any discussion of E-2, EB-5, immigration pathways, or similar subjects is general information only and must be reviewed with a qualified immigration attorney and other appropriate advisers.

Investment in a real estate project does not guarantee a visa, immigration approval, residency status, citizenship, or any other government benefit.

14. Information You Submit

You agree that information submitted through this website will be accurate, current, complete, and not misleading. You may not submit information on behalf of another person without proper authorization.

Unless we provide a secure submission process, do not submit:

• Social Security numbers;
• Passport or driver’s-license copies;
• Bank-account credentials;
• Complete tax returns;
• Credit reports;
• Unredacted financial statements;
• Confidential subscription documents;
• Medical information; or
• Other highly sensitive information.

Information submitted through the website will be handled in accordance with our Privacy Policy.

15. Confidentiality

Information available on the public portion of this website is not confidential. Do not submit confidential, proprietary, privileged, or trade-secret information through a general contact form unless KCG has agreed in writing to receive it confidentially.

If you receive confidential offering materials, data-room access, underwriting information, financial records, property information, business plans, or other nonpublic information, your access may be subject to separate confidentiality obligations.

You may not copy, publish, distribute, forward, post, summarize, disclose, or use confidential materials except as expressly authorized in writing or permitted under the applicable agreement.

16. Intellectual Property

The website and its contents, including the KCG name, logos, trademarks, graphics, layouts, text, articles, photographs, videos, presentations, downloadable materials, investment-strategy descriptions, and other content, are owned by or licensed to Kurt Capital Group and are protected by applicable intellectual-property laws.

KCG grants you a limited, revocable, non-exclusive, non-transferable license to access and use the website for lawful, personal, and informational purposes.

You may not, without prior written authorization:

• Copy or reproduce substantial portions of the website;
• Modify, republish, or distribute website content;
• Use KCG content for commercial solicitation;
• Use KCG branding in a misleading or unauthorized manner;
• Remove copyright, trademark, or ownership notices;
• Create derivative works from protected content;
• Present KCG materials as your own;
• Use content to suggest an unauthorized affiliation with KCG; or
• Scrape, harvest, index, or systematically extract website content.

17. Acceptable Use

You agree not to:

• Use the website for unlawful or fraudulent purposes;
• Provide false, misleading, or impersonated information;
• Attempt to gain unauthorized access to systems or information;
• Interfere with website security or performance;
• Introduce viruses, malware, or harmful code;
• Use automated tools to overload or disrupt the website;
• Collect information about other users without authorization;
• Misrepresent a relationship with KCG;
• Use KCG content to market an unauthorized investment opportunity;
• Send unsolicited advertising, spam, or abusive communications;
• Violate intellectual-property or privacy rights; or
• Assist another person in engaging in prohibited conduct.

We may restrict or terminate website access when we reasonably believe these Terms have been violated.

18. Third-Party Websites and Services

This website may link to third-party websites, event platforms, scheduling tools, professional profiles, social-media services, lenders, attorneys, brokers, consultants, vendors, or other resources.

A link, mention, introduction, or referral does not necessarily constitute an endorsement, recommendation, agency relationship, joint venture, or guarantee concerning a third party.

KCG does not control and is not responsible for third-party content, privacy practices, cybersecurity, services, fees, statements, or performance. Your use of third-party services is governed by their own terms and policies.

19. Accuracy and Availability

We seek to provide useful and accurate information, but website content may contain errors, omissions, outdated information, or technical inaccuracies. Real estate, financing, taxation, securities regulations, zoning, market conditions, and investment requirements may change without notice.

We may revise, remove, suspend, or discontinue any website content or function at any time without notice.

We do not warrant that the website will be continuously available, secure, error-free, complete, or free from viruses or harmful components.

20. Disclaimer of Warranties

21. Limitation of Liability

22. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kurt Capital Group LLC and its affiliates, members, managers, officers, employees, agents, representatives, licensors, and service providers from claims, liabilities, losses, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

• Your misuse of the website;
• Your violation of these Terms;
• Your violation of applicable law;
• Your infringement of another person’s rights;
• Information or materials you submit; or
• Your fraudulent, reckless, or willful conduct.

23. Governing Law and Venue

These Terms and disputes arising from website use will be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Subject to any enforceable agreement providing otherwise, legal proceedings arising solely from these Terms or use of this website must be brought in a state or federal court with appropriate jurisdiction in Northern Virginia.

You consent to the personal jurisdiction and venue of those courts, subject to applicable law.

Any dispute arising from a specific investment, offering, subscription, operating agreement, joint venture, confidentiality agreement, or other transaction will be governed by the dispute-resolution terms in the applicable definitive agreement rather than this website provision.

24. Changes to These Terms

We may revise these Terms periodically to reflect changes in our website, business practices, legal obligations, technology, or services.

The revised Terms will be posted on this page with an updated “Last Updated” date. Changes become effective when posted unless a later date is stated.

Your continued use of the website after revised Terms become effective constitutes acceptance of those revised Terms.

25. Suspension and Termination

We may suspend, restrict, or terminate access to all or part of the website at any time when reasonably necessary to:

• Protect the website or KCG systems;
• Investigate suspected misuse or unlawful conduct;
• Enforce these Terms;
• Comply with legal requirements; or
• Discontinue a website feature or service.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, confidentiality, disclaimers, liability, indemnification, governing law, and dispute resolution.

26. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

Our failure to enforce a provision does not waive our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a restructuring, merger, acquisition, asset transfer, affiliate relationship, or other business transaction.

These Terms and the Privacy Policy constitute the entire agreement concerning general use of the public website. Separate written agreements govern investments, offerings, transactions, professional relationships, confidential information, and other specific matters.

27. Contact Us

For questions concerning these Terms or the Kurt Capital Group website, contact: