Terms and Conditions

Effective Date: April 29 2025

Introduction

Welcome to the Everly Mae Mortgage Note Fund website (the “Site”). By accessing or using the Site, you agree to comply with and be bound by the following Terms and Conditions. If you do not agree to these terms, please do not use the Site.

These Terms and Conditions govern your use of the Everly Mae Mortgage Note Fund and the services provided through the Site. The Site is owned and operated by Everly Mae Capital, LLC (“we,” “us,” or “our”). Please read these Terms and Conditions carefully before using our Site.

1. Acceptance of Terms

By accessing or using this Site, you agree to abide by these Terms and Conditions. We may update these terms from time to time, and we encourage you to review this page periodically for any changes. Continued use of the Site after any changes will constitute acceptance of those changes.

2. Investment Disclaimer

Investment Risk: Investing in the Everly Mae Mortgage Note Fund involves risk, including the possible loss of principal. Past performance is not indicative of future results. Please consult with a financial advisor before making any investment decisions.

No Investment Advice: The information provided on the Site does not constitute financial advice, investment advice, or an offer to sell securities. The content of the Site is intended for informational purposes only. Always conduct your own research and seek professional advice before investing.

3. Eligibility

To invest in the Everly Mae Mortgage Note Fund, you must be an accredited investor or meet the applicable legal criteria for investments. By using this Site, you confirm that you meet the required eligibility criteria for investment opportunities.

4. Privacy and Data Protection

Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and protect your personal information. By using the Site, you consent to the collection and use of your data in accordance with our Privacy Policy.

5. Profit Sharing

Investors in the Everly Mae Mortgage Note Fund are eligible to participate in the profit-sharing program, which allows you to benefit from the growth and performance of the fund. Profit-sharing distributions are made based on the success of the fund, subject to applicable terms and conditions outlined in the fund’s offering documents.

6. Investment Classes and Minimum Investment

The Everly Mae Mortgage Note Fund offers several investment classes, each with specific return rates and minimum investment requirements. By investing, you agree to the terms associated with the selected investment class.

Investment Tiers Include:

  • Class D: 6% Return – $25,000 Minimum

  • Class C: 8% Return – $50,000 Minimum

  • Class B: 9% Return – $100,000 Minimum

  • Class A: 10% Return – $250,000 Minimum

 

7. User Obligations

By using the Site, you agree to:

  • Provide accurate and complete information when creating an account or making an investment.
  • Comply with all applicable laws and regulations when accessing or using the Site.

Not use the Site for any unlawful purpose or in any way that may damage, disable, or impair the Site’s functionality.

8. Intellectual Property

All content on the Site, including text, images, logos, and trademarks, is the property of Everly Mae Capital, LLC and is protected by copyright and intellectual property laws. You may not use, copy, or distribute any content without express permission from us.

9. Limitation of Liability

To the fullest extent permitted by law, Everly Mae Capital, LLC shall not be liable for any indirect, special, incidental, or consequential damages arising from your use of the Site or investments made through the Site.

10. Indemnity

You agree to indemnify, defend, and hold harmless Everly Mae Capital, LLC, its affiliates, officers, directors, and employees from any claims, liabilities, damages, and expenses arising from your violation of these Terms and Conditions.

11. Termination

We reserve the right to suspend or terminate your access to the Site at our discretion, particularly if you violate any of these Terms and Conditions. Upon termination, you must cease using the Site and any content or services associated with it.

12. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the state where Everly Mae Capital, LLC is incorporated, without regard to its conflict of law principles.

13. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:
 Everly Mae Capital, LLC
 [Contact Information]
 [Email Address]
 [Phone Number]

14. Opt-In and Opt-Out for Promotional Text Messages

By providing your phone number and opting in to receive communications from Everly Mae Capital, LLC, you agree to receive text messages, including promotional and informational content, at the number you provided. These messages may include updates about investment opportunities, newsletters, or other relevant information.

Opt-In Consent:

  • Opt-in: By entering your phone number, you consent to receive messages from Everly Mae Capital, LLC regarding investment opportunities and promotions.
  • Consent Checkbox:
     ✅ I agree to receive marketing and promotional messages from Everly Mae Capital, LLC at the number provided. I understand that I can opt out at any time.

Opt-Out Option:

  • You may opt out at any time by replying STOP to any text message you receive, and you will be immediately unsubscribed from further promotional messages.
  • Alternatively, you may contact us directly at [email address or phone number] to request removal from our marketing list.

15. Message Frequency and Data Rates

  • You may receive up to [insert number] text messages per month.

Standard messaging and data rates may apply from your mobile carrier.