Terms of Use

This website is offered to you (the “User”) by Elk Ridge Private Fund (the “Company”) conditioned on your acceptance without modification of the terms, conditions, and notices contained in this “Terms of Use” section (the “Agreement”). Your use of this website constitutes your agreement to all such terms, conditions and notices. The Company may change the “Terms of Use” section from time to time. By continuing to use this website following such modifications, you agree to be bound by such modifications to the Terms of Use.
Membership Privileges
Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Company web site without express written permission from Company. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Company.
Company requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Company system. Members are not permitted to share their individual logon information with others. Company has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Company website, or abuses their rights related to the Company service.
Upon registration, which is free, User becomes a Basic Member. A Basic Member may search the Company property listings Service.
Company utilizes email as a vital and primary communication channel with Users. As a registered member, Users hereby acknowledge and grant Company the permission to communicate with Users via email (as well as other communication channel such as phone and fax) for any purposes Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered Users/customers.
Warranties and Limitation of Liability
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem. By using this website, including any applets, software, and content contained therein, you agree that use of this website is entirely at your own risk.
THIS WEBSITE, ITS USE AND THE SERVICES THAT THIS WEBSITE PROVIDES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS WEBSITE, ITS USE AND/OR THE SERVICES THAT THIS WEBSITE PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Property Ownership
Company is an independent company that provides real estate marketing services and does not own, in whole or in part, any of the properties offered on this website unless disclosed as such in writing.
Proprietary Rights
The Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on this website, and is the copyright owner or licensee of the content and/or information on this website including but not limited to any screens appearing on this website. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on this website for your personal use or records. If you make other use of this website, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to penalties. The Company does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this website.
Links from and to this Website
You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by the Company of the sponsors of such websites or the content, products, advertising or other materials presented on such sites.
Information in the web pages that are linked to this website comes from a variety of sources. Some of this information comes from official Company licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to the Company. The Company does not author, edit, or monitor any of these pages or links. You acknowledge and agree that the Company 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 use of or reliance on any such content, goods or services available on such external websites or resources.
The Company may use third-party advertising companies to serve ads on this website. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here.
Compliance with Laws and Regulations
Your access to and use of this website are subject to all applicable federal, state, local, and international laws and regulations.
Privacy
Except as may otherwise be required by law, the Company adheres to the “Privacy Policy” posted on this website. You should be aware, however, that a linked website may contain privacy policies that differ from the Company’s policy. Neither the Company nor its stockholders, directors, employees, agents, successors, assigns or affiliates are responsible for any of those other websites’ provisions and expressly disclaim any liability related to such policies.
Unauthorized Links
The Company prohibits unauthorized hypertext links to this website or the framing of any content available through this website. The Company reserves the right to disable any unauthorized links or frames.
Use of “Cookies”
The Company reserves the right to store information on your computer in the form of a “cookie” or similar file or device for the purpose of modifying this website to enhance your browsing experience and track your website navigation preferences. If you do not wish to permit “cookies” to be stored on your computer, you may disable them by following the instructions provided with your browser software. If you elect to disable “cookies,” however, please be aware that you will not be able to use certain websites and that your browsing experience at the Company’s Website and other sites may suffer.
Downloads
Downloaded content, such as reports, requiring User to enter an email address automatically grants User membership and subscribes them to receive email communication such as newsletters from Company.
Violations of Terms of Use
The Company reserves the right to seek all remedies available for violation of the Agreement, including the right to block access from a particular Internet address to this website.
Disclaimer
The materials and information contained within this website are provided on an “AS IS” basis and “AS AVAILABLE” basis, without representations or warranties of any kind. The Company expressly disclaims any and all such representations and warranties, either expressed or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials.  Company may make changes to the material at any time without notice. While Company strives to keep the information in these materials accurate and current, Company cannot guarantee the accuracy, completeness or timeliness of the information. Information within these materials may contain technical inaccuracies or typographical errors. Company reserves the right to make changes, corrections and/or improvements to the information contained within these materials at any time, without notice.  This is not an offering for securities.
Indemnification
User agrees to indemnify and hold harmless the Company and its stockholders, directors, employees, agents, successors, assigns and affiliates from and against (and will pay upon demand each such person the amount of) any and all third-party claims, demands, losses, liability, damages, or expenses (including reasonable attorney’s fees) resulting from, arising out of, relating to or caused by any breach by User of any covenant or other agreement of User contained in this Agreement or any breach by User of any representation or warranty of User contained in this Agreement. In connection with any action or proceeding that may give rise to an obligation of User to indemnify a person as set forth above, the Company shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and the User shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the Company or any other party to be indemnified pursuant to this section.
Applicable Law; Forum
All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of . Any suit, action or proceeding against either the Company or User with regard or related to this Agreement, the rights and obligations of the User or the Company under this Agreement, this website, the use of this website and/or the services that this website provides shall be brought in . The User and the Company hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, the User irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon User and may be enforced in any court in which User is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury
THE COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE USER OR THE COMPANY UNDER THIS AGREEMENT, THIS WEBSITE, THE USE OF THIS WEBSITE AND/OR THE SERVICES THAT THIS WEBSITE PROVIDES.
Other Terms Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver of Contractual Right
The failure of the Company to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the Company’s right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Parties in Interest
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by User (by operation of law or otherwise) without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to any other party.
Headings
The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.
Entire Agreement
This Agreement constitutes the entire agreement between the User and the Company and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and the Company with respect to this website, the use of this website and/or the services that this website provides. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Privacy Policy

This is the website of Elk Ridge Private Fund.
We can be reached via e-mail at info@elkridgeprivatefund.com.
We collect the e-mail addresses of those who use our website, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our weblog (blog), information volunteered by the consumer, such as survey information and/or site registrations, name, address, and/or telephone numbers.
The information we collect is used to notify consumers about updates to our Web site, used by us to contact consumers for marketing and informational purposes.
With respect to cookies: we use cookies to store visitors preferences and settings.
If you do not want to receive e-mail from us in the future, please let us know by sending us an e-mail at the above address, calling us at the above telephone number, or writing to us at the above address.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.
Upon request we provide site visitors with access to contact information (e.g., name, address, phone number) that we maintain about them. Consumers can access this information by e-mailing us or writing to us at the above address.
Consumers can have this information corrected by sending us e-mail at the above address, calling us at the above telephone number, or writing us at the above address.
If you feel that this site is not following its stated information policy, you may contact us.

NON-DISCLOSURE, NON-COMPETE, NON-CIRCUMVENT

By submitting the request form on this website the parties contemplate entering into various business transactions for their mutual benefit and have agreed to enter into this Agreement to establish the basic terms, conditions, and mutual covenants upon which they wish to transact business and in consideration of which the Parties hereto agree as follows:
1. Definition of terms of reference of this Agreement: (ICC-CC06-1.1)
(a) “Connected Person” with reference to either party hereto shall include but not be limited to: any bankers, lawyers, trustee, agent, corporation, consultant, advisors, consortium and/or syndicate members, associates affiliates, and any person, corporation or entity whatsoever which comes to have knowledge of or acts as a conduit for any knowledge or information concerning any and all transactions covered by this Agreement as a result of any communication directly with or originating from or relating to any Party hereto:  Personal and/or Business Contacts are valuable and are considered “Vested Business Interests”.
(b) “Transaction(s)” shall include any and all stages of negotiations, discussions, communications (of whatever form) and completion’s between the Parties hereto and their connected persons to the other Party and its connected persons which transactions shall specifically include arranging the purchase and sale of all types of REO, Commercial and/or Residential Real Estate, MTN & other Commodities and/or Project Funding or the development of Joint Ventures.
(c) Reference to the singular shall include the plural, masculine shall include the feminine, the whole shall include the part, and the personal shall include the corporate and in all cases the vice versa, as if they were set out separately and traversed seriatim.
(d) Reference to the Parties hereto shall include the trustees, heirs, successors, assignees, appointees, administrators, executors, and where appropriate successors in interest of such Parties.
2. The Parties hereto irrevocably undertake and warrant not, by any means or under any circumstances (whether in the United States Of America or in any other Country, States or Principality) to circumvent each other with regards to any of the opportunities to enter into Transactions made available to either Party by the other Parties (details of which shall be set out signed by the Parties and appended to the Agreement from time to time at any time during the duration of this Agreement by contacting or attempting to contact in any manner the owners and/or sellers or sources of the subject matter of assistance of either Party’s connected persons from receiving any (or less) fees, profits, commissions, remuneration or benefits whatsoever as may be due to either Party from the other Party.
3. The Parties hereto undertake to maintain absolute and total confidentiality concerning any and all information (personal and otherwise) regarding either Party hereto without first obtaining the prior written permission of the other Parties hereto. (ICC-CC06-1.3)
4. This Agreement shall continue in full force and effect for a period of Five (5) full years from the date entered into and shall apply to any and all Transactions introduced by either Party or other Parties hereto and shall include any subsequent follow-ups, extensions, add-ons and rollovers or re-negotiated and/or delayed Transactions introduced regardless of the success of earlier states of any Transactions and the Parties expressly recognize that information given and introductions made by a Party for the duration of this Agreement unless expressly agreed to by the introducing Party in writing.
5. Any controversy or claim arising out of, or in connection with this Agreement or alleged breach thereof which is not settled by the Parties hereto shall be settled by Arbitration in accordance with the Statutes and Laws of Wyoming and the Parties hereto agree to use their best endeavors to facilitate such arbitration and thereby conclusively agree to accept the decision of such arbiter as final and binding on clause 7 below, the results of such arbitration may be entered into any course of competent jurisdiction in any country of execution thereof. In the absence of Agreement upon a choice of Arbiter, the President shall appoint the arbiter for the time being from the American Arbitration Association (ADR.org).
6. This Agreement shall include all Transactions and part of parts thereof introduced to and between the Parties wherever Transacted in the World and this Agreement shall be governed and construed under the laws of the United States as well as those of the state of Wyoming.
7. In the event of circumvention in whole or in part being prima facie proven against either Party hereto, the Party in breach hereby agrees without any reservation to pay immediately without delay to the injured Parties the full amount of all commissions, fees, or charges, or other benefits as may have been agreed between the Parties; or in such event circumvention occurred before any such commissions, fees or chargers were received as a result of such circumvention, or otherwise as may be agreed by the injured Parties. (ICC-CC06-1.9)
8. The Parties hereto agree to interpret this Agreement in its broadest legal sense, and to enter into such in their private and personal capacity with the full responsibility and agree and undertake voluntarily to waive and renounce any and all rights of immunity whether Diplomatic, Sovereign or otherwise so as to enable the Parties hereto, to give full force and legal effect to the true purpose and intent of this Agreement.
9. The Parties hereto acknowledge that the true spirit of this Agreement is one of mutual trust and confidence, reliance on each other to do what is fair and equitable and to honor what has been agreed between the Parties hereto.
10.  All signatories hereto acknowledge that they have read and understood the foregoing agreement, that they have full and complete authority to execute the document for and in the name of the party for which they have given their signature.
The parties hereby confirm with full personal and legal responsibility, that we have requested this information of our own free will and accord. We are requesting the information for our personal interest, purposes, and understanding, not for further distribution.  We hereby affirm that the contemplated transaction is strictly one of private placement and is in no way relying upon the existing regulations relating to the United States Securities Act of 1933, as amended or related regulations, and does not involve the sale of securities.
It is understood and agreed that the standard Non-Circumvention and Non-Disclosure rules apply.  We hereby confirm that neither of us, or anyone associated with each of our organizations have been solicited in any way. All parties agree that this is not a sting operation, nor are they members of any agency whose purpose is to collect information for defamation or prosecution.
Any documents or information received by each party will not be construed as solicitation in any way whatsoever, but are intended for our general knowledge. Any communication received, written or verbal will be kept confidential and will not be released by to any party. We further affirm that there has not been any offer to buy or sell securities.
Parties agree that we will not use the materials or information received by each other to circumvention and/or for any evasion of the stated purpose.