Terms and Conditions

 
Terms of Service - Investor

This is the Terms of Service agreement for EB5Projects.com. All EB5Projects.com users must read and accept every aspect of this and any other agreement or policy provided by EB5Projects.com LLC. If you do not agree to these terms, you are prohibited from using EB5Projects.com or any affiliated services. Moreover, EB5Projects.com LLC reserves the right to modify this agreement at any time. Your use of EB5Projects.com and affiliated services indicates your unconditional acceptance of all changes made to this agreement at any point.
PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT” OR THE “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY EB5Projects.com, INC. AND/OR ITS SUBSIDIARIES (“EB5Projects.com”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS OF SERVICE FOR YOUR USE OF THE WEBSITE AT https://eb5projects.com , ALL OTHER SITES OWNED AND OPERATED BY EB5Projects.com THAT REDIRECT TO https://eb5projects.com/, AND ALL SUBDOMAINS (COLLECTIVELY, THE “SITE”), AND THE SERVICE OWNED AND OPERATED BY EB5Projects.com and its business partners (TOGETHER WITH THE SITE, COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Summary and Definition of Service:
By accessing the EB5Projects.com Site or using the Service in any manner, you become an EB5Projects.com user (“User”). Users who have a business or commercial-related enterprise (“Investment”) that they wish to have funded may elect to create a profile for their investment (“Investment Profile)”. The User who creates an Investment Profile becomes an Investment Representative / Manager for that Company (“Manager”).
EB5Projects.com provides a place forum for investors, their legal counsel, investment managers & their representatives, service providers, professionals and others (collectively “Users”) to interact and share information. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.

Account Terms:

1. You must be 18 years or older to use this Service.
2. You must provide a valid email address, and any other information needed in order to complete the signup process.
3. You are responsible for keeping your password secure. EB5Projects.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You may not use the EB5Projects.com service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your EB5Projects.com account and on your EB5Projects.com site.
6. You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Account Terms as determined in the sole discretion of EB5Projects.com will result in an immediate termination of your services.
     

Investor Status:
It is a condition to an Investor’s use of the Service that the Investor be either (a) a person who is not a “US Person” as defined in Rule 902 of Regulation S under the Securities Act of 1933 and who is physically located outside the United States at any time the Investor accesses the Service or (b) a person who is an “accredited investor” as defined in Rule 501of Regulation D under the Securities Act of 1933. The Investor is required to certify as to its status upon initially accessing the Service and undertakes to inform EB5Projects.com promptly if the Investor’s status changes.

Fees and Payments:
Joining EB5Projects.com is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. EB5Projects.com reserves the right to change Fees, at any time, for any reason. Changes to the Fee policy are effective after we provide you with notice by posting the changes on the Site. We may choose to temporarily change Fees for Services for promotional events or new services. These changes are effective when we post the temporary promotional event or new service on the Site.  All fees paid will be non-refundable, unless in its sole discretion EB5Projects.com determines that a refund is appropriate. 
You are responsible for paying all fees and taxes associated with your use of the Service.  Fees are collected by our various payment processors. You are responsible for complying with all rules and policies of payment processors. EB5Projects.com is not responsible for, and makes no guarantees or warranties regarding, the performance of its payment processors.
EB5Projects.com  does not receive any transaction based commissions or fees contingent upon the sale of securities.

Informational not Investment Platform:
EB5Projects.com is not a registered broker-dealer and does not offer investment advice or advise on the raising of capital through securities offerings or the structuring of those offerings, nor is EB5Projects.com an investment adviser or manager. EB5Projects.com is not an investment portal or platform and does not conduct any activity that would require registration with the Ssecurities and Eexchange Ccommission or Ffinancial Iindustry Rregulatory Aauthority.
EB5Projects.com does not recommend or otherwise suggest that any investor make an investment in a particular Company, or that any Company offer securities to a particular investor. EB5Projects.com takes no part in the structure, negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of funds or securities. No transactions are executed or negotiated on or through the Site. EB5Projects.com  does not receive any transaction based commissions or fees contingent upon the sale of securities.
Although EB5Projects.com may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities, you should not construe any such information as legal, tax, insurance, financial, or investment advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, a recommendation for or endorsement of any security, or a sponsorship of any company, by EB5Projects.com. EB5Projects.com does not effect any securities transactions. The opportunity to invest in an Issuer listed on the Site should, in no way, be construed as a warranty, representation, or guarantee by EB5Projects.com as to the quality of any Issuer or its worthiness for investment. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Issuers, Investors, and Users are responsible for consulting with licensed professionals and investment advisors for any legal, tax, insurance, due diligence review, or investment advice. By accessing the Site and using the Services, you understand and agree that EB5Projects.com does not purport to make any representation, warranty, or guarantee that any transactions available through the Website are in compliance with applicable state or federal securities laws. Nonetheless, you are still required to ensure that all activity you take part in on the Site is in compliance with applicable state and federal securities laws. You acknowledge and agree that the use of the Site and any decisions made in reliance on the Site are made at solely your own risk.

• You will use your own judgment before making any decision to invest or to accept an investment involving what is to you a material amount of money.
• You will select what kinds of investments you would like an introduction to and what kinds of business plans you would like to see. We do not promise to show you all qualifying subscription and offering documents, nor can we promise that all investment opportunities that we show you will actually satisfy your criteria.
• You will obtain such professional advice as is appropriate to protect your interests, including legal, accounting and other advice.
• You understand and acknowledge that EB5Projects.com is not a registered broker-dealer and that it cannot and does not offer investment advice.
• You acknowledge and agree that EB5Projects.com is relying on your representations, warranties and agreements herein as a condition to allowing you access onto the Site and Service.
•  EB5Projects.com has no duty, nor should you expect EB5Projects.com to evaluate, confirm, endorse, or otherwise stand behind any third-party statements. EB5Projects.com does not and is not required to verify the truth, accuracy or completeness of any information posted on the Site by third-parties.  You acknowledge that you are solely responsible for conducting due diligence on a potential investment.

Confidentiality: 
By becoming a user of EB5Projects.com, or otherwise using the Services or viewing content made available through EB5Projects.com in any way, you may have an opportunity to see Private Information. 
If you are an Investor or you are otherwise able to see any material that has been designated as confidential regardless of whether it is designated as Private, you must recognize that it is important to use discretion in how you handle that Private Information. An Investment Representative /Manager may request that you sign an NDA prior to viewing the information.

• The decision to release Private information to potential investors will be that of the Investment Representative/Manager.  Users can only view offering documents, economic impact assessments and business plans by obtaining permission of the Investment Representative/Manager or by their releasing this information to all users at their discretion
• It is expected that you will use discretion in determining what you do with such Private Information. You agree, however, that you will not republish any Information you acquire through the Service via an Internet website, chat room or other form of public communication
•  Moreover, if in the course of asking for information related to your status as an Accredited Investor or a Qualified Purchaser, Managers, their agents, other service provider or others may ask you personal questions regarding your net worth and your income, and we ask that they keep any specific information you provide confidential; however, Users may still be able to infer certain facts about income and net worth from your qualification as an investor on the Site. EB5Projects.com is not responsible for verifying investor status but will allow Users to be certified by third parties and will identify that status in their profile to let Managers know that they have been certified but cannot guarantee that this information will be kept confidential.

Electronic Delivery:
By using the Services, you acknowledge and consent to receive from EB5Projects.com electronic communications including EB5Projects.com newsletters, notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Electronic Notices"). EB5Projects.com may provide such Electronic Notices by posting them on the EB5Projects.com Site. EB5Projects.com reserves the right to determine how notices are communicated either on the Site or communicated to you directly.  If you would like to withdraw your consent to receive Electronic Notices, you must discontinue your use of the Site and Services. 
You agree that EB5Projects.com  may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your account. You agree to notify us of any changes in your address or contact details. EB5Projects.com may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.
By using the Services, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and EB5Projects.com or its representatives or agents. You acknowledge and consent to the recording, retention and use by EB5Projects.com (and its employees, representatives and agents) of all information and data that you provide during your use of the Site or Services or during any communication with EB5Projects.com.
General Conditions:
You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy before you may become a user of EB5Projects.com.

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
4. EB5Projects.com does not warrant that the service will be uninterrupted, timely, secure, or error-free.
5.  EB5Projects.com does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6. You understand that your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical  requirements of connecting networks or devices.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous,defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. EB5Projects.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
9. You expressly understand and agree that EB5Projects.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
10. In no event shall EB5Projects.com or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, EB5Projects.com partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your  breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11. Technical support is only provided to paying account holders and is only available via email.
12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by EB5Projects.com.
13. Verbal or written abuse of any kind (including threats of abuse or retribution) of any EB5Projects.com customer, EB5Projects.com employee, member, or officer will result in immediate account termination.
14. We do not claim any intellectual property rights over the material you provide to the EB5Projects.com service. All material you upload remains yours. You can remove your EB5Projects.com site at any time by deleting your account. This will also remove all content you have stored on the Service.
15. By uploading images and content to EB5Projects.com, you agree to allow other internet users to view them and you agree to allow EB5Projects.com to display and store them and you agree that EB5Projects.com can, at any time, review all the content submitted by you to its Service.
16. The failure of EB5Projects.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and EB5Projects.com and govern your use of the Service, superseding any prior agreements between you and EB5Projects.com(including, but not limited to, any prior versions of the Terms of Service).
17. You retain ownership over all content that you submit to a EB5Projects.com site however, by making your site public, you agree to allow others to view your content.
18. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use EB5Projects.com or EB5Projects.com trademarks and/or variations and misspellings thereof.
19.  EB5Projects.com does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
20. Questions about the Terms of Service should be sent to mail at EB5Projects.com.

Confidentiality of  Information:
You are entrusted with any information you receive on this Site from EB5Projects.com, Managers or other Investors with respect to any investment activity on the Site; you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Manager or Investor. You shall be responsible for any losses caused to EB5Projects.com and any other Users by any use of your account, both unauthorized and authorized. You acknowledge and agree that to access certain Content on the Site, you will be required to register with the Site and agree to keep such information confidential. To the extent you opt not to review such confidential documents about Companies, you acknowledge and agree that you assume the risk that such additional information may be relevant to your decision to invest in a particular Offering and you knowingly accept the risks of not reviewing such information. You agree that EB5Projects.com, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of EB5Projects.com, its users, or the public.
By using and accessing EB5Projects.com, you agree to keep all information you learn about companies, funds, and investment opportunities on the site private and confidential.
License and Site Access:
You agree that the Service contains Content provided by EB5Projects.com and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
EB5Projects.com grants to each User of the Site or Service a worldwide, non-exclusive, non-sublicensable, revocable and non-transferable license to use and reproduce the Content that the individual User creates on our Service, solely for personal use. Any other use, reproduction, modification, distribution, or storage of any Content is prohibited without prior written permission from EB5Projects.com or the Content owner. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Investment Risks:
EB5Projects.com makes no guarantee of any investment made or any specific results when using the Services. You, not EB5Projects.com, are responsible for doing due diligence on any opportunities presented on the Site. Investments are considered high-risk and Investor may lose a portion or all of his investments. You understand that you can lose the entire amount you invest. You must have the ability to bear that loss. Other risks include, but are not limited to, not being able to sell or liquidate your investment, illiquidity, dilution, and a lack of dividends. All investments are unsecured and as such, Investor agrees to exercise due caution and care when investigating the propriety of an investment and ultimately making an investment. You expressly assume all risks when accessing the Site and using the Services.
Limitation of Liability and Warranty Disclaimer:
EB5Projects.com has no special relationship with or fiduciary duty to you. EB5Projects.com is merely a platform through which interactions between Users take place. EB5Projects.com does not make any express or implied warranties about the Site or related Services nor promise any specific results from use of the Site, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. You agree to the fullest extent permitted by law that EB5Projects.com shall have no liability to you regarding any losses or damages arising from any transaction on the Site or for any Services, be it securities or non-securities related. The Site and any related Service is made available to you "as is" and "as available." EB5Projects.com will not be liable for any fraud, misinformation, failure to make repayments or pay annual revenue shares, cases of mistaken identity, or any other mistake or wrongdoing engaged in by an Manager or third party. EB5Projects.com will not be liable if, for any reason, our Site is unavailable at any time or for any period. From time to time, we may restrict your access to some or all of the Site. You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of the Agreement, and that they comply with it. Such persons will also be bound by the Agreement. 
In no event shall EB5Projects.com be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service for: 

• Any lost profits, lost data, lost income or revenue, lost business, lost anticipated savings, lost goodwill, wasted management or office time, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising); 
• For any bugs, viruses, Trojan horses, or the like (regardless of the source of origination); or 
• For any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). 
• Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. 
• EB5Projects.com does not represent, warrant, or guarantee that:  
• Any Site or Services defects or inaccuracies will be corrected; 
• The Site or related Services will meet your needs; 
• Any Project will attain its fundraising goals; 
• Capital raised will be used by Project Owners, Managers or Investment Representatives in the manner stated by Project Owners, General Partners, Developers or others associated with the investment; 
• Your navigation of the Site will be uninterrupted, timely, secure or error-free; 
• Content or software available at or through the Site or related Services is free of viruses or other harmful components; 
• Any User is in fact an accredited investor; 
• The content on the Site or any User Submissions are authentic, accurate, or reliable; 
• The results obtained from the use of the Site or related Services will be accurate or reliable.
• Your use of the Service is solely at your own risk. By accessing the Site and using the Services you agree to utilize your own judgment and common sense in dealing with the information that is available to you.
• EB5Projects.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. EB5Projects.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on EB5Projects.com’ equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Third Party Content, Websites, and Linking:
The Site or Services may provide you with the ability to access certain content from third parties through links to the websites of such other parties (“Third-Party Websites”), or through content that other parties, themselves, post on the Site (“Third-Party Content”). EB5Projects.com does not endorse or approve, or have any control over, Third-Party Content, and we make it available to you only as a service and convenience and on an “as-is” basis. EB5Projects.com does not guarantee the accuracy, timeliness, completeness or correct sequencing of Third-Party Content or warrant any results from your use or reliance on the Third-Party Content. EB5Projects.com is not obligated to update any information contained in any Third-Party Content. We may discontinue offering any Third-Party Content on the Website at any time without notice. By accessing the Site or using the Services you agree that EB5Projects.com will not be liable to you for the termination, interruption, delay or inaccuracy of any of Third-Party Content. Further, EB5Projects.com is not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents. 
When you access Third-Party Websites, you do so at your own risk. EB5Projects.com expressly disclaims all warranties of any kind, express or implied, related to Third-Party Content and Third-Party Websites, including, but not limited to, any warranty of merchantability, fitness for a particular purpose or non-infringement. EB5Projects.com shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the Third-Party Content or Third-Party Websites, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
Indemnification:
As a condition of your use of the Site or Services, you agree to release, indemnify, defend, and hold EB5Projects.com and its Third Party Content providers, officers, directors, employees, contractors, agents, suppliers, representatives, and affiliates harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including but not limited to attorneys' fees) arising out of or in any way connected with your use of the Site, Service, content, or otherwise from your User Submissions, your violation of this Agreement, violation of any privacy right, violation of any obligation of confidentiality, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. EB5Projects.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with EB5Projects.com in asserting any available defenses. You shall remain liable for any settlement amounts paid by EB5Projects.com from any claim as though they had proceeded to trial.
Governing Law; Resolution of Disputes; Arbitration and Waivers:
All provisions shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law and regardless of your country of origin or the location where you access the Site. All disputes arising out of or related to the provisions herein and/or the use of the Site or the Content shall be resolved by final and binding arbitration before one neutral arbitrator working for JAMS in Miami, Florida.  You consent to the personal jurisdiction of JAMS in Miami, Florida, and you agree that JAMS in Miami, Florida is the sole venue for any dispute.
Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Florida statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or EB5Projects.com may seek any injunctive relief in a state or federal court in Miami, Florida, as may be necessary to preserve rights pending the completion of arbitration and EB5Projects.com may seek any injunctive relief in a state or federal court in Miami, Florida, or another court of competent jurisdiction, at any time against any violations of the Agreement. 
To the extent permitted by applicable law, by agreeing to submit all disputes to binding arbitration, you and EB5Projects.com hereby waive your right to a jury or court trial of any claim or cause of action arising out of or based upon the Agreement or any contemplated use herein, including contract, tort, breach of duty and all other claims, except as specifically provided above. You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
Intellectual Property Policy and Copyright Notification:
The compilation of all content on this Site is the exclusive property of EB5Projects.com or its content providers and is protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of EB5Projects.com or its software suppliers and is protected by U.S. and international copyright laws and other laws. 
The Site is protected by applicable copyright laws. Unless you and EB5Projects.com have agreed otherwise, you may not copy, distribute, modify, post or frame-in the EB5Projects.com site, including any text, graphics, video, audio, software code, user interface design or logos. All trademarks and service marks on the Site belong to EB5Projects.com, except third-party trademarks and service marks, which are the property of their respective owners. EB5Projects.com may, in appropriate circumstances and at its discretion, terminate the accounts of Users who infringe on the intellectual property rights of others. If you print off, copy or download any part of the Site in breach of the Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. EB5Projects.com will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. 
Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. EB5Projects.com uses commercially reasonable efforts and industry standard technical measures used by copyright owners to identify and protect such owners’ copyrighted works. However, if you believe that your work has been copied in a way that constitutes copyright infringement, you must provide EB5Projects.com’ Copyright Agent with a written notification containing at least all of the following information: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EB5Projects.com to locate the material.; 
4. Your address, telephone number, and, if available, email address; 
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  

You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and EB5Projects.com may ignore such incomplete or inaccurate notices without liability of any kind.
International:
Accessing the Service is prohibited from territories where the Service is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. The Site and all Site content shall not be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
Force Majeure:
EB5Projects.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond EB5Projects.com’ reasonable control, including, without limitation, an act of God, act of governmental authority, act of the public enemy or due to war or terrorism, outbreak of escalation of hostilities, riot, fire, flood, civil commotion, insurrection, labor difficulty, severe or adverse weather conditions, mechanical, electronic or communications failure or degradation (including "line-noise" interference), or other similar cause beyond the reasonable control of EB5Projects.com.
Termination:
EB5Projects.com may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You agree that in the event of such a termination, EB5Projects.com shall not be responsible for any losses or damages. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to EB5Projects.com are non-refundable. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Integration and Severability:
The Agreement contains the entire agreement between Users and EB5Projects.com regarding the participation in the Services and supersedes all prior or contemporaneous conflicting communications and proposals (whether oral, written or electronic) between you and EB5Projects.com with respect to the Site and Services. If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. The failure of either party to exercise in any respect any right provided for in the Agreement shall not be deemed a waiver of any of those rights.
Assignment:
EB5Projects.com reserves the right to assign, transfer or delegate any of its rights and obligations under the Agreement without consent or restriction. You may not transfer any rights or licenses granted to you in this Agreement unless otherwise stated by written agreement. No agency, partnership, joint venture, or employment relationship is created as a result of the Policy, the Terms, or the Agreement, and neither party has any authority of any kind to bind the other in any respect.
Modifications to Terms and Conditions:
EB5Projects.com reserves the right, at its discretion, to modify the Agreement at any time and without prior notice. EB5Projects.com may modify or replace the terms of the Agreement, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by amending this page. EB5Projects.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You are responsible for reviewing the most current version of the Agreement. Your continued use of the Service following the posting of any changes to the Agreement constitutes acceptance of those changes and your agreement to follow and be bound by the Agreement, as modified. If you do not agree with a term, some, or all of the terms of the Agreement, you may not access our Site or use our Services. 
 
Terms of Service - Investment Representative
This is the Terms of Service agreement for EB5Projects.com. All EB5Projects.com users must read and accept every aspect of this and any other agreement or policy provided by EB5Projects.com LLC. If you do not agree to these terms, you are prohibited from using EB5Projects.com or any affiliated services. Moreover, EB5Projects.com LLC reserves the right to modify this agreement at any time. Your use of EB5Projects.com and affiliated services indicates your unconditional acceptance of all changes made to this agreement at any point.
PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT” OR THE “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY EB5Projects.com, INC. AND/OR ITS SUBSIDIARIES (“EB5Projects.com”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS OF SERVICE FOR YOUR USE OF THE WEBSITE AT https://eb5projects.com , ALL OTHER SITES OWNED AND OPERATED BY EB5Projects.com THAT REDIRECT TO https://eb5projects.com/, AND ALL SUBDOMAINS (COLLECTIVELY, THE “SITE”), AND THE SERVICE OWNED AND OPERATED BY EB5Projects.com (TOGETHER WITH THE SITE, COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Summary and Definition of Service:
By accessing the EB5Projects.com Site or using the Service in any manner, you become a EB5Projects.com user (“User”). Users who have a business or commercial-related enterprise (“Investment”) that they wish to have funded may elect to create a profile for their investment (“Investment Profile)”. The User who creates a Investment Profile becomes an Investment Representative / Manager for that Company (“Manager”).
EB5Projects.com provides a place for investors, their legal counsel, investment managers & their representatives, service providers, professionals and others (collectively “Users”) to interact and share information. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Account Terms

• You must be 18 years or older to use this Service.
• You must provide a valid email address, and any other information needed in order to complete the signup process.
• You are responsible for keeping your password secure. EB5Projects.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You may not use the EB5Projects.com service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
•  You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your EB5Projects.com account and on your EB5Projects.com site.
• You must not transmit any worms or viruses or any code of a destructive nature.
• A breach or violation of any of the Account Terms as determined in the sole discretion of EB5Projects.com will result in an immediate termination of your services.
• We are not responsible for anything on the Site you create using EB5Projects.com.

Investor Status:
It is a condition to an Investor’s use of the Service that the Investor be either (a) a person who is not a “US Person” as defined in Rule 902 of Regulation S under the Securities Act of 1933 and who is physically located outside the United States at any time the Investor accesses the Service or (b) a person who is an “accredited investor” as defined in Rule 501of Regulation D under the Securities Act of 1933. It is a condition to an Investment Representative’s use of the Service that it be acting on behalf of such persons. The Investor is required to certify as to its status upon initially accessing the Service and undertakes to inform EB5Projects.com promptly if the Investor’s status changes. The Investment Representative agrees not to access the Service on behalf of any person whose status has changed or whose status is unknown.
Fees and Payments:
Joining EB5Projects.com is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. EB5Projects.com reserves the right to change Fees, at any time, for any reason. Changes to the Fee policy are effective after we provide you with notice by posting the changes on the Site. We may choose to temporarily change Fees for Services for promotional events or new services. These changes are effective when we post the temporary promotional event or new service on the Site.  All fees paid will be non-refundable, unless in its sole discretion EB5Projects.com determines that a refund is appropriate. 
You are responsible for paying all fees and taxes associated with your use of the Service.  Fees are collected by our various payment processors. You are responsible for complying with all rules and policies of payment processors. EB5Projects.com is not responsible for, and makes no guarantees or warranties regarding, the performance of its payment processors.
EB5Projects.com  does not receive any transaction based commissions or fees contingent upon the sale of securities.
Intellectual Property Policy:
The compilation of all content on this Site is the exclusive property of EB5Projects.com or its content providers and is protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of EB5Projects.com or its software suppliers and is protected by U.S. and international copyright laws and other laws. 
The Service provides Registered Investment Representatives (“Managers”) with the ability to add, create, upload, submit, input, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "Manager Submissions"). By Submitting Manager Submissions on the Site or otherwise through the Service, you agree, in addition to the terms of this Agreement, to all of the following terms: 

• You are publishing that Manager Submission and that you may be identified publicly by your Manager ID in association with any such Manager Submission; 
• You hereby do and shall grant EB5Projects.com and Users, under your intellectual property rights, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license (with the right to grant sublicenses) to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and EB5Projects.com’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites) without any compensation to you. For clarity, the foregoing license grant to EB5Projects.com does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your Manager Submission(s), unless otherwise agreed in writing; 
• You represent and warrant, and can demonstrate to EB5Projects.com’ full satisfaction upon request that you: 
• own or otherwise control all rights to all content in your Manager Submissions, or that the content in such Manager Submissions is in the public domain; 
• you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your Manager Submissions to use such content as contemplated by the Agreement and to grant the license rights set forth above; 
• you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by the Agreement; 
• you are authorized to grant all of the aforementioned rights to the Manager Submissions to EB5Projects.com and all Users; and 
• you have all intellectual property rights in and to the content and information. 
• You agree to pay all royalties and other amounts owed to any person or entity due to your Submissions to your Project Page, the Site, or Service; 
• You acknowledge that the Submitting, use or other exploitation of such User Submissions by EB5Projects.com and use or other exploitation by Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. EB5Projects.com shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information Submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that EB5Projects.com will not be liable for any errors or omissions in any content; and that EB5Projects.com cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service; and 
• You acknowledge that to the extent you receive information from EB5Projects.com or Users with respect to activity on the Site or Services, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such User.
• EB5Projects.com does not endorse and has no control over any Manager Submission. EB5Projects.com cannot guarantee the authenticity of any data that Users may provide about themselves. You acknowledge that all User Submissions accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. However, EB5Projects.com may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Submissions in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any User Submission violates the rights of third parties, including intellectual property rights; (c) enforce the Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of EB5Projects.com, Users, or the public.

Termination:
This Agreement will remain in full force and effect while you use the Site, any EB5Projects.com Services, or participate in the Services as any type of User. Notwithstanding anything herein to the contrary, all provisions of this Agreement will remain in effect after your participation in the Services and status as any type of User is terminated, and shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The rights granted to you herein terminate immediately upon any violation by you of the Agreement. 
Access to this Site is permitted on a temporary basis. EB5Projects.com reserves the right to terminate your Project Page, Contributor Profile, or access to the Website with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. You agree that EB5Projects.com shall not be liable to you or any third party for any termination of your access to this Site or to your exclusive web page.
Electronic Delivery:
By using the Services, you acknowledge and consent to receive from EB5Projects.com electronic communications including EB5Projects.com newsletters, notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Electronic Notices"). EB5Projects.com may provide such Electronic Notices by posting them on the EB5Projects.com Site. EB5Projects.com reserves the right to determine how notices are communicated either on the Site or communicated to you directly.  If you would like to withdraw your consent to receive Electronic Notices, you must discontinue your use of the Site and Services. 
You agree that EB5Projects.com  may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your account. You agree to notify us of any changes in your address or contact details. EB5Projects.com may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.
By using the Services, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and EB5Projects.com or its representatives or agents. You acknowledge and consent to the recording, retention and use by EB5Projects.com (and its employees, representatives and agents) of all information and data that you provide during your use of the Site or Services or during any communication with EB5Projects.com.
Quality Standards: 
You represent and warrant that all Content provided by you to EB5Projects.com to post on the Site meet certain standards to ensure the quality of its platform and the integrity of its social network. To this end, you understand that materials submitted must:

• Contain all required fields and data;
• Be presented in a professional manner with visual clues and professional formatting;
• Not contain any untrue statement of a material fact or omit to state a material fact;
• Not contain any confidential information;
• Contain clear data presentation;
• Present a complete and accurate view of the company;
• Present a complete and accurate view of the Raise;
• Present a complete and accurate view of the team, advisors and investors;
•  Present a clear pitch and deal summary;
• Have an updated company profile on EB5Projects.com;
• Have founders and team members with full profiles;
• Be clear and concise;
• Use proper grammar, punctuation and spelling;
• Use a professional tone; and
• Present a Company in the manner, maturity and documentation that is customarily expected of private companies raising money through a regulated issuance of equity through Regulation D, S or similar issuances.

General Conditions:

• You will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any investor is an Accredited  Investor and whether any investment complies with the terms of local law (whether the law of a US state, or the law of any foreign government with jurisdiction over you or any  investor).
• You will obtain such professional advice as is appropriate to protect your interests, including legal, accounting and other advice.
• You understand and acknowledge that EB5Projects.com is not a registered broker-dealer and that it cannot and does not offer investment advice.
• You understand and acknowledge that as a potential Manager/Issuer, should your networking lead to an investment that you are solely responsible for ensuring any party you meet on the site is an Accredited Investor.
• Do not use EB5Projects.com to market services, particularly investment advisory services, which might cause EB5Projects.com to have to register as a broker dealer with the SEC and FINRA, or to be treated as an underwriter.
• You acknowledge and agree that EB5Projects.com is relying on your representations, warranties and agreements herein as a condition to allowing you access onto the Site and Service.
• EB5Projects.com has no duty, nor should you expect EB5Projects.com to evaluate, confirm, endorse, or otherwise stand behind any third-party statements. EB5Projects.com does not and is not required to verify the truth, accuracy or completeness of any information posted on the Site by third-parties.  You acknowledge that you are solely responsible for  conducting due diligence on a potential investment.
• Do not claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through EB5Projects.com, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on EB5Projects.com.
• You acknowledge and agree that by submitting a Company Profile or Raise on EB5Projects.com, that you are representing and warranting that you or the company for which you are submitting the Raise (“Raise Company”) owns or licenses the rights to produce, sell or promote the products and services in which it engages. You and your affiliated Raise Company agree to indemnify and hold harmless EB5Projects.com (including its affiliates) from any and all claims, threats, allegations, or suits related to a failure of a Raise Company to have the rights to produce, create, distribute, sell or otherwise transact in its goods and services.
• EB5Projects.com reserves the right to reject, cancel, interrupt, remove, or suspend a Raise at any time and for any reason. EB5Projects.com is not liable for any damages as a result of any of those actions. EB5Projects.com’s policy is not to comment on the reasons for any of those actions.
• EB5Projects.com is not liable for any damages or loss incurred related to Raises or any other use of the Service. All dealings are solely between Users. EB5Projects.com is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Raises on the Site. EB5Projects.com does not oversee the performance or punctuality of Raises.  
• EB5Projects.com does not guarantee the completion of any Raise stated to be undertaken by any Company or warrant the outcome or success of any Raise or any Company.                
• EB5Projects.com does not endorse any User Submissions or User Content or Accredited Investor status.
• EB5Projects.com Employees and Affiliates: You understand that EB5Projects.com employees and affiliates may participate in the Service as Managers or Investors, and that EB5Projects.com is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.

Confidentiality: By becoming a member of EB5Projects.com, or otherwise using the Services or viewing content made available through EB5Projects.com in any way, you may have an opportunity to see Private Information. “Private Information” means all information acquired by, through or in connection with your use of the Service or Site that was provided by you or another person and which you or another person identified as “Private” in any manner reasonably designed to identify the character of such information. Investors may see that information depending on the access you grant them. We will do our best to display information you have designated as “Private” only to Investors who have explicitly given permission to, but make no promises to this effect. We cannot, for instance, guarantee that Investors who see your Private Information will not distribute that information. We also cannot guarantee that there will never be a software bug or a hacker attack that will allow unauthorized viewing of material, or that Investors actually fit within any category.
As a Manager, you are welcome to upload information about your business, including information you consider confidential. We offer you three areas in which you can upload your company information. The first is what all Users will see in your Company Profile. In this information, under no circumstances may you solicit investment. The second view is what Users that warrant that they are Accredited Investors view upon entering the EB5Projects.com site. The third view is what Users that warrant that they are accredited view after they have requested access to information you have deemed Private.
No Disqualifying Events:
As a Manager, you warrant and represent that none of your predecessors, any affiliated manager/issuer, any director, executive officer, other officer of the Manager participating in the Offering, any beneficial owner of 20% or more of your outstanding voting equity securities, calculated on the basis of voting power, any promoter (as defined in Rule 405 of the Securities Act) connected with you in any capacity at the time of sale nor any compensated solicitor or any director, executive officer, other officer of the compensated solicitor participating in the Offering (each, an “Manager Covered Person” and collectively, “Manager Covered Persons”) is subject to any of the “Bad Actor” disqualifying events described in Rule 506(d)(1)(i) to (viii) under the Securities Act (a “Disqualifying Event”), except for a Disqualifying Event covered by Rule 506(d)(2) or (d)(3). You warrant and represent that you have exercised reasonable care to determine whether any Manager Covered Person is subject to a Disqualifying Event. You have complied, to the extent applicable, with your disclosure obligations under Rule 506(e), and agree to promptly notify EB5Projects.com in writing should any Disqualifying Events occur or prior Disqualifying Events come to your notice despite your (prior) reasonable efforts to discover. EB5Projects.com is not liable or responsible for making Rule 506(e) disclosures, nor for determining whether any Manager Covered Person is subject to a Disqualifying Event.
Limitation of Obligations:

• EB5Projects.com has no obligation to display your Content to any other User, nor is EB5Projects.com obligated to introduce you to any Manager or Investor.
• EB5Projects.com is not responsible for doing diligence on the Users you meet through EB5Projects.com.
• EB5Projects.com is not responsible for verifying that any Investor is Accredited or otherwise authorized or appropriate to invest in you, or for determining whether any use of EB5Projects.com constitutes a general solicitation of securities under US law or the laws of any state or other jurisdiction, including foreign jurisdictions.
• EB5Projects.com does not recommend any investment or endorse their fitness for investment, verify the information on the Site or in our emails, nor does EB5Projects.com claim any of that information is accurate.
• EB5Projects.com has no obligation to maintain the confidentiality of any Content you provide, other than Private Information, and with respect to Private Information, EB5Projects.com is not obligated to protect it other than by designating it as such.
• EB5Projects.com has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide, but EB5Projects.com does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

Content and Licenses:
You agree that the Service contains Content provided by EB5Projects.com and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
EB5Projects.com grants to each User of the Site or Service a worldwide, non-exclusive, non-sublicensable, revocable and non-transferable license to use and reproduce the Content that the individual User creates on our Service, solely for personal use. Any other use, reproduction, modification, distribution, or storage of any Content is prohibited without prior written permission from EB5Projects.com or the Content owner. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Third-Party Websites:
The Site or Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under EB5Projects.com’s control, and you acknowledge that EB5Projects.com is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with EB5Projects.com. You further acknowledge and agree that EB5Projects.com shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Copyright Notifications:
EB5Projects.com will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify EB5Projects.com’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the US Copyright Act, 17 U.S.C. § 512(c)(3), for more information):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of the material that you claim to be infringing, and a description of where the material that you claim is infringing is located on the Site, sufficient for EB5Projects.com to locate the material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s  behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify EB5Projects.com’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the US Copyright Act, 17 U.S.C. § 512(g)(3), for more information):

• a physical or electronic signature of the User of the Services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification as described above or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Please note that this procedure is exclusively for notifying EB5Projects.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C.A. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to EB5Projects.com.  EB5Projects.com may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights. You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Disputes Among Users:
You are solely responsible for your interactions with any Users or organizations found on or through the Site or Service and any disputes that may result from such interactions, whether such interactions take place on the Site or elsewhere. EB5Projects.com shall not be held liable for any such interactions and shall not be responsible for any damage or loss incurred as a result of any such interactions. All such interactions are solely between you and such Users and/or organizations. EB5Projects.com will not be made a party to any dispute between Users that results from a contribution to a Project, any use of the Services, or accessing the Site. EB5Projects.com reserves the right, but has no obligation, to monitor disputes between you and such persons. Further, EB5Projects.com has no obligation to participate or assist either party to a suit resulting from any interactions on the Site or use of Services.
Termination:
EB5Projects.com may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You agree that in the event of such a termination, EB5Projects.com shall not be responsible for any losses or damages. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to EB5Projects.com are non-refundable. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification:
By accessing the Site and Service, and by consenting to this Agreement, you agree to defend, indemnify, and hold harmless EB5Projects.com, its affiliates, and each of its affiliates’ directors, employees, managers, agents, contractors, partners and suppliers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, violation of any law, rule or regulation, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. EB5Projects.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with EB5Projects.com in asserting any available defenses. You shall remain liable for any settlement amounts paid by EB5Projects.com from any claim as though they had proceeded to trial.
Limitation of Liability:
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL EB5Projects.com, ITS AFFILIATES, NOR EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law – Arbitration:
All provisions shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law and regardless of your country of origin or the location where you access the Site. All disputes arising out of or related to the provisions herein and/or the use of the Site or the Content shall be resolved by final and binding arbitration before one neutral arbitrator working for JAMS in Miami, Florida.  You consent to the personal jurisdiction of JAMS in Miami, Florida, and you agree that JAMS in Miami, Florida is the sole venue for any dispute.
Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Florida statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or EB5Projects.com may seek any injunctive relief in a state or federal court in Miami, Florida, as may be necessary to preserve rights pending the completion of arbitration and EB5Projects.com may seek any injunctive relief in a state or federal court in Miami, Florida, or another court of competent jurisdiction, at any time against any violations of the Agreement. 
To the extent permitted by applicable law, by agreeing to submit all disputes to binding arbitration, you and EB5Projects.com hereby waive your right to a jury or court trial of any claim or cause of action arising out of or based upon the Agreement or any contemplated use herein, including contract, tort, breach of duty and all other claims, except as specifically provided above. You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
International Rules and Regulations:
The Service is controlled and operated from facilities within the United States. EB5Projects.com makes no representations that the Service is appropriate or available for use in other jurisdictions. Accessing the Service is prohibited from territories where the Content is prohibited. Securities offerings exempted under Rule 506(c) on the Accredited Platform, are only directed at, or intended for purchase or investment by “U.S. Persons” defined under Rule 902(k) of the Securities Act. The Content, material and information contained on the Site may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation: (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on this Site can only be marketed in certain jurisdictions only. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. The Content provided on this Site does not constitute an offer or solicitation to sell securities referred to on this Site, by anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. Subscriptions to invest in any offering referred to on this Site must only be made on the basis of the offering document relating to the specific investment and through a registered entity.
Integration and Severability:
The Agreement contains the entire agreement between Users and EB5Projects.com regarding the participation in the Services and supersedes all prior or contemporaneous conflicting communications and proposals (whether oral, written or electronic) between you and EB5Projects.com with respect to the Site and Services. If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. The failure of either party to exercise in any respect any right provided for in the Agreement shall not be deemed a waiver of any of those rights.
Modifications to Terms and Conditions:
EB5Projects.com reserves the right, at its discretion, to modify the Agreement at any time and without prior notice. EB5Projects.com may modify or replace the terms of the Agreement, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by amending this page. EB5Projects.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You are responsible for reviewing the most current version of the Agreement. Your continued use of the Service following the posting of any changes to the Agreement constitutes acceptance of those changes and your agreement to follow and be bound by the Agreement, as modified. If you do not agree with a term, some, or all of the terms of the Agreement, you may not access our Site or use our Services. 
Miscellaneous:
EB5Projects.com shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond EB5Projects.com’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with EB5Projects.com’s prior written consent. EB5Projects.com may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Except as expressly provided in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service.
 
Securities Disclaimer
This website is for informational purposes only and does not constitute an offer or solicitation to sell shares or securities. Any such offer or solicitation will be made only by means of an investment's confidential Offering Memorandum and in accordance with the terms of all applicable securities and other laws. This website does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. EB5Projects.com LLC and its affiliates expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the website, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.