These Terms & Conditions ("Terms") govern your access to and use of simmcapital.com and related pages (the "Site"), operated by SIMM Capital, LLC ("SIMM Capital," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. Informational Purposes Only; No Offer
The Site and its contents are provided for general informational and educational purposes only. Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any security, investment product, or advisory service, and nothing on the Site may be relied upon in connection with any offer or sale of securities. Any offer or solicitation of securities will be made only to verified accredited investors, as defined in Rule 501 of Regulation D under the Securities Act of 1933, as amended, in reliance on Rule 506(c), and only through definitive offering documents, including a confidential private placement memorandum, operating agreement, and subscription agreement, which govern in all respects and supersede any information on the Site.
2. No Investment, Legal, or Tax Advice
Content on the Site does not constitute investment, legal, tax, or accounting advice, and no content should be construed as a recommendation to buy, sell, or hold any security or pursue any investment strategy. You should consult your own attorney, accountant, and financial advisors before making any investment decision.
3. Eligibility
The Site is intended for use by persons 18 years of age or older. Investment opportunities described on the Site are available only to verified accredited investors and may be subject to additional eligibility requirements set forth in the applicable offering documents.
4. Forward-Looking Statements; No Guarantee of Results
Certain statements on the Site are forward-looking, including targeted returns, preferred returns, projected distributions, and statements about strategy or market conditions. Such statements involve known and unknown risks and uncertainties, are not guarantees of performance, and actual results may differ materially. Past performance is not indicative of future results. Investments in private real estate and private credit are speculative, illiquid, and involve a high degree of risk, including the possible loss of all invested capital.
5. Intellectual Property
The Site and all of its contents — including text, graphics, logos, trademarks, images, video, and software — are owned by or licensed to SIMM Capital and are protected by intellectual property laws. You may view and print pages from the Site for your personal, non-commercial use. Any other reproduction, distribution, modification, or use of Site content without our prior written consent is prohibited.
6. Acceptable Use
You agree not to: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to the Site, its servers, or any connected systems; (c) interfere with the operation of the Site; (d) scrape, harvest, or collect information from the Site by automated means; or (e) use the Site to transmit any malicious code or unsolicited communications.
7. Third-Party Services and Links
The Site links to and integrates with third-party services, including scheduling, webinar registration, video hosting, and investor portal providers. We do not control and are not responsible for third-party sites or services, and your use of them is governed by their own terms and policies.
8. Communications Consent
By submitting your contact information through the Site, you consent to be contacted by SIMM Capital by email and, where you have provided a mobile number and opted in, by text message, regarding your inquiry and related offerings and content. Text messaging terms are described in our Privacy Policy. You may opt out of emails via the unsubscribe link and of texts by replying STOP. Consent is not a condition of any purchase or investment.
9. Disclaimer of Warranties
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SIMM CAPITAL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to indemnify and hold harmless SIMM Capital and its members, managers, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or your violation of these Terms.
12. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may revise these Terms from time to time. The "Last updated" date above reflects the most recent revision. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
14. Contact
SIMM Capital, LLC
11676 Perry Hwy, Suite 1201
Wexford, PA 15090
invest@simmcapital.com · 412-314-2001