Terms of Use

These terms of use (the “Terms of Use”) constitute a legally binding agreement between Own Alabama, LLC (together with its affiliates, the “Company”) and you, the user of the Company’s website (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.

The Company reserves the right to amend the Terms of Use in its sole discretion at any time. The Company will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of any revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with the Company or for internal business purposes in furtherance of an existing business relationship with the Company. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

  • Use the Site for any commercial purpose or for the benefit of any third party;
  • Frame or hyperlink the Site or any portion thereof without the prior written consent of the Company;
  • Remove any proprietary notices from the Site or any copy thereof;
  • Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by the Company with respect to the Site and/or data transmitted, processed or stored by the Company; or
  • Use the Site for any illegal or fraudulent purpose.

Regulatory Disclosures

The content of this Site is for general, informational purposes. The Company does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security.  Offers or solicitations can only be made where lawful under, and in compliance with applicable law. Such offer or solicitation may only be made pursuant to the current offering documents for the Company which may only be provided to accredited investors as defined under the Securities Act of 1933. While the information provided herein is believed to be accurate and reliable, the Company, its advisors and employees make no express warranty as to its completeness or accuracy.

Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax, legal or other professional advice.

The information provided on this Site may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of the Company.

This Site includes information regarding the Company’s past and present portfolio assets. It should not be assumed that investments made in the future by the Company will be comparable in quality or performance to the investments described herein. Further, references to the Company’s portfolio properties should not be construed as a recommendation of any particular investment or security. The portfolio companies or properties listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Portal (as defined below), is not necessarily indicative, or a guarantee, of future results.

The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of the Company. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. 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 Site.

Ownership

The trade names, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to the Company or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of the Company or others. You may not use any Mark or Content without the express prior written permission of the owner (whether the Company or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

The Site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims or representations made by the Company, either express, implied or statutory, with respect to the Site, including warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. The Company further does not represent or warrant that the Site will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.

Limitation of Liability

The Company does not assume any liability or responsibility for the Site or the Content. The Company is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.

Under no circumstances will the Company be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold the Company and its affiliates and each of their respective officers, managers, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify the Company for all liabilities, losses or damages. You agree to provide the Company with whatever cooperation it reasonably requests.

Password Protected Investor Portal

If you have received a password to access information provided to investors (the “Investor Portal”), you acknowledge and agree that the Company has granted you limited access to specific information pertaining to the Company, and that the Terms of Use apply to the Investor Portal Website in addition to any other terms of use, confidentiality agreements and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided 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 Investor Website. You agree to notify the Company immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

The information contained in the password protected Investor Portal is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Portal may not be disseminated to any third party without the express written consent of the Company.

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

Termination

The Company may terminate your access to this Site at any time, for any reason and without notice.

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect. The failure of the Company at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflict of law rules. Any legal proceeding arising out of or relating to the Terms of Use against or relating to the Company or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Birmingham, Alabama, and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in the Terms of Use and any agreements included or referred to in the Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact the Company at 205-423-2545.

Invest in what you know with people you know.

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Contact

880 Montclair Road | Suite 250
Birmingham, AL 35213
Direct 205 423 2545 | Fax 205 445 0855
own-alabama.com