Terms of Use
Terms of Use for ACARA Management, LLC
 
Last Updated: [September 24, 2024]

Welcome to ACARA Management, LLC (“ACARA,” “we,” “us,” or “our”). By accessing or using our website located at myacara.com (the “Website”), you agree to comply with and be bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, you must not access or use the Website.

1. Purpose of the Website

The Website provides information, investment opportunities, real estate brokerage services, debt and equity solutions, and consultation services in the commercial real estate space (the “Services”). The content provided on the Website is for informational purposes only and does not constitute legal, financial, or professional advice.

2. User Responsibilities

2.1. Prohibited Uses: You agree not to use the Website for any unlawful purpose or in any way that violates these Terms. You must not misuse our Services by knowingly introducing viruses or other harmful material or by attempting unauthorized access to our systems.

2.2. Accuracy of Information: You agree to provide accurate, current, and complete information when interacting with our Website, such as when submitting inquiries or registration forms.

2.3. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Website.

3. Intellectual Property Rights

3.1. Ownership of Content: All content, features, and functionality on the Website, including but not limited to text, graphics, logos, and software, are the exclusive property of ACARA and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2. Trademarks: The name “ACARA” is used as a common law trademark in the commercial real estate space. You may not use our trademarks in connection with any product or service that is not provided by us or in any manner that is likely to cause confusion.

4. Disclaimers and Limitation of Liability

4.1. No Warranties: The information provided on the Website is provided “as is” and without warranties of any kind, either express or implied. ACARA does not warrant that the information will be accurate, reliable, or error-free, and expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

4.2. Limitation of Liability: To the maximum extent permitted by law, ACARA shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Website.

5. Third-Party Links

The Website may contain links to third-party websites that are not owned or controlled by ACARA. These links are provided solely for your convenience, and ACARA does not endorse or assume any responsibility for the content, products, or services of any third-party websites. You acknowledge and agree that ACARA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, products, or services available on or through any such sites.

6. Changes to the Terms

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be posted on this page, and your continued use of the Website following the posting of changes constitutes acceptance of those changes. We encourage you to review these Terms periodically.

7. Governing Law

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located within California, and you consent to the jurisdiction of such courts.

8. Contact Us

If you have any questions about these Terms or wish to report a violation, please contact us at:

ACARA Management, LLC
PO Box 772, Diablo, CA 94528
Email: support@myacara.com
Phone: 925-838-8826

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ACARA Management LLC
PO Box 772
Diablo, CA 94528

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COPYRIGHT © 2024 ACARA. ALL RIGHTS RESERVED. FOR ACCREDITED INVESTORS ONLY. AN INVESTMENT IN THIS OFFERING IS SPECULATIVE AND INVOLVES SIGNIFICANT RISKS. THIS WEBSITE IS INTENDED ONLY FOR ACCREDITED INVESTORS, AS DEFINED IN RULE 501(a) OF REGULATION D UNDER THE SECURITIES ACT OF 1933, AS AMENDED, INCLUDING ALL APPLICABLE REGULATIONS, WHO ARE INTERESTED IN POTENTIALLY INVESTING DIRECTLY WITH ACARA. THIS WEBSITE IS NOT INTENDED FOR PROSPECTIVE INVESTORS REPRESENTED BY AN INVESTMENT ADVISOR, REGISTERED REPRESENTATIVE, OR ANY OTHER SIMILARLY LICENSED INDIVIDUAL ASSISTING IN A POTENTIAL INVESTMENT WITH ACARA. THE CONTENT ON THIS WEBSITE IS NEITHER AN OFFER TO SELL NOR A SOLICITATION OF AN OFFER TO BUY SECURITIES. THE OFFERING AND SALE OF INTERESTS IN ANY ACARA FUND ("ACARA") ARE BEING MADE ONLY THROUGH THE DELIVERY OF ACARA'S PRIVATE PLACEMENT MEMORANDUM ("PPM"), ALONG WITH CERTAIN ORGANIZATIONAL DOCUMENTS, SUBSCRIPTION AGREEMENT, AND OTHER INFORMATION MADE AVAILABLE TO INVESTORS (COLLECTIVELY, "OPERATIVE DOCUMENTS") BY ACARA'S SPONSOR. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. ALL SECURITIES INVOLVE RISK AND MAY RESULT IN PARTIAL OR TOTAL LOSS. WHILE WE BELIEVE THE DATA WE USE FROM THIRD PARTIES IS RELIABLE, WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF DATA PROVIDED BY OTHER THIRD PARTIES. NEITHER ACARA NOR ANY OF ITS AFFILIATES PROVIDE TAX ADVICE AND MAKE NO REPRESENTATIONS THAT THE INFORMATION DISCUSSED HEREIN WILL RESULT IN ANY PARTICULAR TAX OUTCOME OR CONSEQUENCE. PROSPECTIVE INVESTORS SHOULD CONSULT THEIR PERSONAL TAX, LEGAL, AND FINANCIAL PROFESSIONALS REGARDING THE POTENTIAL TAX CONSEQUENCES BASED ON THEIR INDIVIDUAL CIRCUMSTANCES. THE ABOVE MATERIAL CANNOT BE ALTERED, REVISED, OR MODIFIED WITHOUT THE EXPRESS WRITTEN CONSENT OF ACARA.
WEBSITE TESTIMONIAL DISCLOSURES: CLIENT TESTIMONIALS DISPLAYED ON THIS WEBSITE ARE THE UNPAID OPINIONS OF OUR CLIENTS. THESE TESTIMONIALS REFLECT REAL-WORLD EXPERIENCES, BUT THEY ARE PERSONAL TO THOSE SPECIFIC CLIENTS AND MAY NOT REPRESENT THE EXPERIENCES OF ALL CLIENTS OF ACARA. THE TESTIMONIALS ARE NOT INTENDED TO INDICATE THAT SIMILAR RESULTS WILL BE ACHIEVED BY OTHER CLIENTS, NOR ARE THEY A GUARANTEE OF FUTURE PERFORMANCE OR SUCCESS. THE TESTIMONIALS FEATURED ON THIS SITE WERE GIVEN BY INVESTORS WHO WERE NOT COMPENSATED FOR THEIR OPINIONS AT THE TIME THEY PROVIDED THEM. HOWEVER, IT’S IMPORTANT TO DISCLOSE THAT ONE INDIVIDUAL WHOSE TESTIMONIAL IS FEATURED HAS SINCE BEEN HIRED AS A CONSULTANT FOR ACARA. THEIR EMPLOYMENT BEGAN AFTER THE TESTIMONIAL WAS PROVIDED AND IS UNRELATED TO THE CONTENT OF THE TESTIMONIAL. THE DECISION TO HIRE THIS INDIVIDUAL WAS BASED ON THEIR EXPERTISE AND QUALIFICATIONS, AND NOT INFLUENCED BY THEIR TESTIMONIAL. THE STATEMENTS, VIEWS, AND OPINIONS EXPRESSED HEREIN ARE THOSE OF THE INDIVIDUALS MAKING THE STATEMENTS AND DO NOT NECESSARILY REFLECT THE OFFICIAL POLICY OR POSITION OF ACARA AND ITS AFFILIATED ENTITIES ("ACARA"), AND DO NOT TAKE INTO ACCOUNT THE PARTICULAR INVESTMENT OBJECTIVES OR FINANCIAL CIRCUMSTANCES OF THE INDIVIDUALS MAKING THE STATEMENTS. THEY ARE NOT INTENDED TO BE, NOR SHOULD THEY BE CONSTRUED AS, FINANCIAL, LEGAL, TAX, OR INVESTMENT ADVICE WITH RESPECT TO ANY INTEREST IN ANY FUND OR INVESTMENT OFFERING SPONSORED BY ACARA ("OFFERING"). INVESTING IN AN OFFERING IS SPECULATIVE AND INVOLVES SIGNIFICANT RISK, INCLUDING THE POSSIBLE LOSS OF YOUR ENTIRE INVESTMENT. THIS IS NEITHER AN OFFER TO SELL NOR A SOLICITATION OF AN OFFER TO BUY THE SECURITIES DESCRIBED. AN OFFERING IS MADE ONLY BY THE PRIVATE PLACEMENT MEMORANDUM ("PPM") SPECIFIC TO EACH OFFERING, ALONGSIDE CERTAIN ORGANIZATIONAL DOCUMENTS, SUBSCRIPTION AGREEMENTS, AND OTHER INFORMATION PROVIDED TO INVESTORS (THE "OPERATIVE DOCUMENTS"), WHICH MUST BE READ IN CONJUNCTION WITH THIS MATERIAL. A COPY OF THE CURRENT PPM MUST BE MADE AVAILABLE TO YOU IN CONNECTION WITH THIS OFFERING TO FULLY UNDERSTAND ALL THE IMPLICATIONS AND RISKS INVOLVED. THERE IS NO ASSURANCE THAT THE OBJECTIVES OF ANY PARTICULAR OFFERING WILL BE MET, AND PERFORMANCE OF THE OFFERING DEPENDS ON MANY FACTORS THAT CANNOT BE DETERMINED WITH CERTAINTY. THIS ADVERTISEMENT DOES NOT CONSIDER THE SPECIFIC INVESTMENT OBJECTIVES OR FINANCIAL CIRCUMSTANCES OF ANY PERSON WHO MAY RECEIVE IT. AN INVESTMENT IN AN OFFERING IS NOT SUITABLE FOR ALL INVESTORS. NO REPRESENTATION IS MADE THAT ANY PARTICULAR OFFERING WILL, OR IS LIKELY TO, ACHIEVE ITS OBJECTIVES OR THAT ANY INVESTOR WILL AVOID INCURRING SUBSTANTIAL LOSSES. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

PROSPECTIVE INVESTORS SHOULD CONDUCT THEIR OWN INVESTIGATIONS AND EVALUATIONS OF THE INFORMATION CONTAINED IN THIS ADVERTISEMENT AND THE OPERATIVE DOCUMENTS. EACH PROSPECTIVE INVESTOR SHOULD CONSULT WITH THEIR OWN ATTORNEYS, BUSINESS ADVISORS, AND TAX ADVISORS REGARDING LEGAL, BUSINESS, TAX, AND RELATED MATTERS CONCERNING THE INFORMATION IN THIS ADVERTISEMENT AND THE OPERATIVE DOCUMENTS. POTENTIAL TAX BENEFITS ARE SUBJECT TO LIMITATIONS, AND TAX REGULATIONS ARE SUBJECT TO CHANGE. NEITHER THE U.S. SECURITIES AND EXCHANGE COMMISSION NOR ANY OTHER STATE OR FEDERAL SECURITIES REGULATOR HAS PASSED ON OR ENDORSED THE MERITS OF THIS OFFERING OR THESE SECURITIES, NOR HAVE THEY CONFIRMED THE ADEQUACY OF THE PPM OR OPERATIVE DOCUMENTS. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL. ALL INFORMATION CONTAINED IN THIS MATERIAL IS QUALIFIED IN ITS ENTIRETY BY THE TERMS OF THE CURRENT PPM AND OPERATIVE DOCUMENTS. THE ABOVE MATERIAL CANNOT BE ALTERED, REVISED, OR MODIFIED WITHOUT THE EXPRESS WRITTEN CONSENT OF ACARA. LISTINGS ARE PROVIDED BY ACARA, REAL ESTATE SALES BROKERED INTERNATIONALLY THROUGH EXP COMMERCIAL. BROKERS ARE LICENSED TO CONDUCT REAL ESTATE BROKERAGE SERVICES ACROSS MULTIPLE JURISDICTIONS IN COMPLIANCE WITH LOCAL AND NATIONAL REAL ESTATE REGULATIONS.

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