Introduction
Welcome to the Black Marlin Group website, owned and operated by Black Marlin Group, LLC ("BMG" or the "Company"). Please carefully review these Terms & Conditions (the "Terms") prior to using the services provided by BMG. These Terms establish legally binding terms and conditions governing your access to and use of the website located at blackmarlingroup.com, all subdomains thereof, and any other websites owned and operated by BMG that redirect to blackmarlingroup.com (collectively referred to as the "Site"), as well as the services offered by the Company (the "Services").
By accessing, visiting, browsing, contributing to, or otherwise using the Site, you explicitly agree to abide by these Terms, the Privacy Policy, and all other operating rules, policies, and procedures periodically published by BMG on the Site (collectively referred to as the "Published Information"). Each of these documents is incorporated by reference and may be amended, updated, or otherwise modified by BMG at any time without prior notification. It is your responsibility to regularly review the Terms to ensure you are aware of the current provisions.
Your usage of the Site and Services is governed by the version of these Terms in effect on the date of your use. BMG reserves the sole and absolute discretion to modify, update, replace, or discontinue these Terms at any time, with or without prior notice, by posting the revised Terms on the Site. Your continued access and use of the Site subsequent to the posting of any modifications constitutes your explicit acknowledgment and acceptance of the amended Terms. Notwithstanding the foregoing, the resolution of any disputes arising between you and BMG shall be governed by the Terms effective at the time of the events giving rise to such disputes. BMG also reserves the right, at its sole discretion, to restrict, block, suspend, or terminate your access and use of the Site and Services at any time for any reason or no reason at all. You explicitly agree that BMG and its subsidiaries, affiliates, directors, officers, employees, agents, and representatives shall not be liable to you or any third party for any modification, suspension, or termination of your access to the Site or Services.
Additionally, these Terms are supplemental to any other agreements you may have with BMG, including but not limited to customer, account, marketing agreements, or any other agreements governing your use of specific products, services, content, tools, and information available through the Site. These Terms do not alter, supersede, or modify any terms or conditions of such agreements you may have with BMG or its subsidiaries or affiliates. If you do not fully agree with these Terms, the Privacy Policy, and/or any Published Information, you are expressly prohibited from participating in or utilizing BMG’s Services or otherwise using the Site.
Data Controller; Cross-Border Processing. The Site and Services are provided by Black Marlin Group, LLC (Arizona, U.S.A.), which is the sole data controller for Site activities. Personal data collected through the Site is processed in the United States. By using the Site, you consent to the transfer and processing of your information in the United States, even if you reside in another country (including Mexico). For more information, see our Privacy Policy.
International Access. The Site is controlled and operated by Black Marlin Group, LLC from the State of Arizona, U.S.A. We make no representation that materials on the Site are appropriate or available for use in other locations. Accessing the Site from territories where the content is illegal is prohibited. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
USER REQUIREMENTS
The Services provided by Black Marlin Group ("BMG") are available exclusively to individuals who are at least 18 years old (and at least the legal age in the jurisdiction of such user’s domicile). By accessing the Site or using the Services, you represent and warrant that you are at least 18 years old, of legal age to enter into a binding contract in your jurisdiction, and that all registration information provided by you is accurate, complete, and truthful. BMG reserves the sole and absolute discretion to refuse to provide the Services to any individual or entity. Additionally, the Services are not available to users previously suspended or removed from the Site or Services by BMG. By using the Site or Services, you explicitly confirm that you have not been previously suspended or removed.
As a condition of using the Site, you agree to: (a) provide accurate, current, and complete information about yourself as required by any registration or inquiry forms on the Site (“Registration Data”); (b) maintain the security and confidentiality of your password and account identification; (c) regularly maintain and promptly update your Registration Data and any other information provided to BMG, ensuring it remains accurate, current, and complete; and (d) accept full responsibility for all activities conducted through your account, including any actions taken by persons using your account credentials. You agree to immediately notify BMG of any unauthorized access, use of your account, or any other breach of security. BMG shall not be liable for any loss or damage resulting from your failure to comply with these requirements.
To invest in any of the securities offered through the Site, you must qualify as an “Accredited Investor” as defined in Rule 501 of Regulation D under the Securities Act of 1933, as amended (the “Securities Act”). Generally, individuals qualify as Accredited Investors if they have a net worth exceeding $1 million (excluding their primary residence), or have gross income exceeding $200,000 individually or $300,000 jointly with a spouse in each of the two most recent years, with a reasonable expectation of reaching the same income level in the current year. You will be required to submit supporting documents to verify your Accredited Investor status, which may include completion of an Accredited Investor questionnaire, submission of financial documents such as IRS forms (e.g., W-2), completion of a satisfactory background check, and other confirmations or documentation as required. Failure to provide requested information and documentation confirming your Accredited Investor status will prevent your participation in investment opportunities presented by BMG.
For offers and sales occurring outside of the United States, access to investment opportunities is only permitted if you represent and warrant that your participation does not violate any applicable laws in your country of residence. You must not use pages of the Site relating to investment opportunities or securities offerings if doing so would be contrary to applicable laws, rules, or regulations, or if BMG is not authorized to provide such information or services in your jurisdiction. Your use of the Site constitutes affirmative acknowledgment that you are not in violation of your country’s laws and a waiver of any protections afforded by local non-U.S. laws.
Additionally, you may not become a beneficial owner of 20% or more of any issuer’s outstanding voting equity securities (an “Issuer Covered Person”) without becoming subject to certain “bad actor” disqualifying events as described in Rule 506(d) of the Securities Act (a “Disqualifying Event”). You expressly represent and warrant that you are not currently subject to any Disqualifying Event and agree to promptly notify BMG in writing if any Disqualifying Event becomes applicable to you. BMG is neither liable nor responsible for disclosures mandated by Rule 506(e) where an Issuer Covered Person has failed to notify BMG of any Disqualifying Event, nor for verifying whether an Issuer Covered Person is subject to such a Disqualifying Event.
Mexico-Specific Notice. The information on this Site does not constitute a public offering of securities in Mexico under the Ley del Mercado de Valores and is not, and will not be, registered with the Comisión Nacional Bancaria y de Valores (CNBV), Banco de México, SHCP, CONSAR, or any other Mexican authority. Any securities described are offered and sold outside Mexico pursuant to U.S. law (e.g., Regulation D and/or Regulation S) and, if ever made available in Mexico, would only be through private placements to qualified/professional investors via authorized intermediaries. By using the Site from Mexico, you represent and warrant that you are not a member of the “público en general,” that you will not treat any content as a solicitation to the public in Mexico, and that you will not redistribute Site materials in Mexico in a manner that could be deemed a public offering. Where offerings are made to non-U.S. persons, you represent and warrant that (a) you are located outside the United States at the time of any offer, acceptance, or sale, (b) you are not purchasing for the account or benefit of a U.S. person, and (c) you will comply with all applicable resale restrictions under Regulation S and local law. You acknowledge that we do not solicit or sell to any person in any jurisdiction where such activity would be unlawful or where we are not authorized.
Taxes and Local Compliance
You are solely responsible for determining and fulfilling any tax, reporting, exchange-control, or other obligations arising under the laws of your jurisdiction (including Mexico). We do not provide tax advice, and nothing on the Site should be relied upon as tax guidance.
SECURITIES OFFERINGS; NO PROFESSIONAL ADVICE PROVIDED
The securities offered through the Black Marlin Group ("BMG" or the "Company") Site have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), pursuant to the exemptive provisions of Section 4(a)(2) of the Securities Act, Rule 506 of Regulation D, and/or Regulation S promulgated thereunder. Securities offered through private placements are considered restricted, are not publicly traded, and consequently, may lack liquidity. Neither the U.S. Securities and Exchange Commission (SEC), any state securities commission, nor any other regulatory authority has approved, passed upon, or endorsed the merits, accuracy, or completeness of any securities offerings presented on this Site. BMG is not a registered broker-dealer, funding portal, or investment advisor, nor does BMG engage in any activities requiring such registration.
The investment overviews and related information available on the Site provide general summaries of the purpose and principal business terms associated with investment opportunities. These summaries are for informational purposes only, are not exhaustive, and are qualified in their entirety by the detailed discussions provided in the official investment document package for each investment opportunity. Information available on the Site has been prepared without reference to your individual investment objectives, financial circumstances, or risk tolerance. Potential investors should therefore consult with professional tax, legal, financial, or other qualified advisors prior to making any investment decision.
BMG does not guarantee or warrant the performance or outcome of any investment offerings made available through the Site or the Services. Any and all projections, estimates, opinions, or expectations regarding investments offered through the Site or Services are inherently uncertain, speculative in nature, and must not be relied upon as definitive statements. Investments carry risks, including the potential for loss of principal, and their values and associated income may fluctuate. Past performance of any investment opportunity is not indicative of future results or performance.
The content presented on this Site does not constitute financial, legal, investment, or tax advice. Users are solely responsible for conducting independent legal, accounting, and financial due diligence before making investment decisions. You expressly acknowledge and agree that BMG is not a registered Investment Company or Investment Advisor as defined by the Investment Company Act of 1940 or the Investment Advisers Act of 1940, respectively. Investment products offered are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other governmental agency, may lose value, and have no guarantee by any bank or financial institution.
Information contained on this Site does not constitute a recommendation, solicitation, or offer to buy or sell any securities, options, financial instruments, or other assets, nor is it intended to provide investment advice or advisory services. The information and services provided on the Site are not intended for distribution or use by any person or entity in any jurisdiction where such use or distribution would be contrary to applicable laws, rules, or regulations, or where BMG is not authorized to provide such information or services. Certain products or services described on this Site may not be available to all users or in all jurisdictions.
Black Marlin Group, LLC is not an investment adviser, broker-dealer, or other regulated intermediary in Mexico, and does not provide investment advice, portfolio management, or intermediation services in Mexico. Nothing on the Site should be construed as personalized recommendations to any person in Mexico.
Case Studies / Closed Offerings
Content describing closed or prior offerings is provided for informational/case-study purposes only and does not constitute an offer to sell or a solicitation to buy any security in any jurisdiction.
UNAUTHORIZED USE/PROHIBITED ACTIVITIES
Unauthorized use of the Site and/or the Services, including but not limited to unauthorized entry into BMG’s systems, misuse or sharing of passwords, or unauthorized use of any information, is strictly prohibited. You must not use the Site or Services in any manner that could damage, disable, overburden, impair, or interfere with any other user's enjoyment of the Services. You agree to comply with all applicable laws and regulations while using the Site or Services. You acknowledge responsibility for any losses or damages incurred by BMG or any third party resulting from unauthorized use of your account.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and are fully responsible for any unauthorized use occurring before notifying BMG and providing sufficient opportunity for BMG to take action. BMG reserves the right, at its discretion, to suspend or terminate your account immediately upon suspicion of unauthorized or fraudulent use, even without prior notice from you.
You agree that you will conduct yourself responsibly while using the Site or Services and accept full responsibility for any consequences of your actions. You explicitly agree to use the Site and Services only for lawful purposes in compliance with these Terms, the BMG Privacy Policy, any Published Information, and all applicable local, state, federal, and international laws, regulations, and rules (including, without limitation, the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, applicable state securities laws, consumer protection laws, and anti-discrimination laws).
Specifically, but not as a limitation, you explicitly agree not to engage in the following prohibited activities:
- Infringement of Rights: Do not upload, post, transmit, or otherwise distribute any material or content that infringes upon any patent, trademark, copyright, trade secret, or any other proprietary rights unless you own such rights or have obtained permission.
- Unauthorized Distribution: Do not distribute any content from the Site or Services without prior written authorization from BMG unless explicitly permitted through the Site's provided functionalities.
- Alterations or Modifications: Do not alter or modify any portion of the Site or Services.
- False or Misleading Information: Do not upload, post, transmit, or distribute inappropriate, defamatory, infringing, obscene, false, misleading, inaccurate, harassing, threatening, or unlawful content. Do not imply unauthorized sponsorship or endorsement by BMG or any affiliated third parties.
- Illegal Activities: Do not use the Site or Services for illegal purposes, including but not limited to violations of federal or state securities laws, consumer protection laws, or any other applicable legal regulations.
- Unauthorized Access: Do not attempt to access non-public areas of the Site, breach security measures, or gain unauthorized access to the Site, Services, or BMG’s computer systems and networks through hacking, password mining, or other unauthorized means.
- Generating Artificial Traffic: Do not use the Services to artificially generate traffic, page views, or links to any website or for any other purpose not explicitly permitted under these Terms.
- Commercial Exploitation: Do not use the Services for commercial purposes without obtaining prior written consent from BMG. This includes soliciting investments, offering products or services, making investment recommendations, or engaging in unauthorized advertising or promotions.
- Unlawful Schemes: Do not post materials promoting pyramid schemes, chain letters, disruptive commercial messages, or advertisements. Do not provide instructional information about illegal activities or encourage harm or injury to any
COMPLIANCE WITH SANCTIONS, AML AND ANTI CORRUPTION LAW
You represent and warrant that you (and any beneficial owner of funds you use) are not (i) listed on, owned or controlled by, or acting on behalf of any person on any U.S. sanctions list (including OFAC’s SDN List), or subject to sanctions of the U.S., U.K., E.U., or U.N.; (ii) located, organized, or resident in any sanctioned country; or (iii) using proceeds of crime or corrupt practices. You agree to comply with applicable anti-money-laundering and anti-corruption laws (including the U.S. Bank Secrecy Act and FCPA). We may decline, suspend, or terminate access if we suspect a violation.
PROPRIETARY RIGHTS
All content on the Black Marlin Group ("BMG" or the "Company") Site, including but not limited to designs, text, graphics, images, video, information, software, audio, and other files, as well as their selection and arrangement (collectively, the "Site Content"), are proprietary property owned by BMG, with all rights reserved. Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used, in whole or in part, by any means without the prior written consent of BMG.
Eligible users of the Site are granted a limited, revocable, non-transferable, non-exclusive license to access and use the Site and download or print portions of the Site Content solely for their personal, non-commercial use, provided all copyright and proprietary notices remain intact and the content is not altered or distributed. Republishing or incorporating any Site Content into any internet, intranet, extranet site, database, or compilation without explicit prior written authorization from BMG is strictly prohibited.
Any unauthorized use of the Site or Site Content, beyond the specific permissions granted herein, terminates the license provided under these Terms and may violate applicable laws, including but not limited to copyright, trademark, and communication regulations and statutes. Unless explicitly provided herein, no provision within these Terms shall confer any implied, estoppel-based, or other licenses to intellectual property rights. BMG retains the right to revoke any license granted herein at any time without notice.
USER CONTENT
The Site and Services provided by BMG may enable you and other users to submit, post, transmit, and share content (collectively, "User Content"). You retain sole responsibility for all User Content posted on or through the Site and Services, including but not limited to text, messages, photos, videos, contact information, advertisements, or other materials. You agree not to directly contact or attempt to enter into any transactions with sponsoring entities or other users outside of the Services provided by BMG.
BMG reserves the right, but is not obligated, to review, remove, or delete any User Content at its sole discretion, including content that, in the Company's judgment, violates these Terms, is inappropriate, illegal, or infringes upon the rights or safety of other users or third parties.
By posting User Content to the Site, you grant BMG an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform and display, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works of, and incorporate into other works your User Content for any purpose related to the Site, Services, or their promotion. You represent and warrant that you have all necessary rights to grant this license to BMG. You may remove your User Content from the Site at any time; however, the license granted to BMG will survive and continue indefinitely.
BMG reserves the right to preserve and disclose User Content if required by law or in good faith to: (a) comply with applicable legal processes, laws, or government requests; (b) enforce these Terms; (c) respond to claims of third-party rights violations; or (d) protect the rights, property, or safety of BMG, its users, and the public. You acknowledge that technical processing and transmission of User Content may involve transmissions over networks and adaptations to conform to technical requirements of connecting networks or devices.
COPYRIGHT POLICY / COPYRIGHT COMPLAINTS
BMG respects intellectual property rights and does not permit copyright infringement on the Site or Services. If properly notified, BMG will promptly remove any infringing content or User Content.
If you believe your intellectual property rights have been infringed upon by any content on the Site, please notify BMG by sending an email to admin@blackmarlindev.com or by sending a written notification to:
Black Marlin Group, LLC
7373 E Doubletree Ranch Rd Ste 105, Scottsdale AZ 85258
Your notice should comply with the Digital Millennium Copyright Act (DMCA) and must include:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the infringing material, including information reasonably sufficient for BMG to locate the material on the Site.
- Contact information, including address, telephone number, and email address.
- A statement of your good-faith belief that use of the material is unauthorized by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
Because Black Marlin Group ("BMG") provides its Services online through this Site and the Internet, it is essential for you to consent to transact business electronically. Prior to agreeing to conduct electronic transactions with BMG, you must ensure your computer system meets the following minimum requirements: reliable access to the Internet; a valid email account and software capable of receiving emails; an SSL-compliant web browser supporting secure online sessions; and hardware capable of operating these applications effectively.
BMG may utilize third-party escrow agents, administrators, and banking institutions for processing payments and facilitating electronic fund transfers (ACH transfers). By electing to send or receive electronic fund transfers, you explicitly authorize such banks or financial institutions to process the transactions described herein. Additionally, you authorize BMG and its agents to execute any investment-related disbursements to or from the account details you have provided. You agree to promptly provide BMG with updated financial account details upon request or whenever such previously provided information becomes invalid.
By using the Services, you explicitly consent to receive all disclosures, communications, agreements, notices, contracts, and related documentation electronically ("Disclosures"), either through the Site or directly to your provided email address. This includes tax forms such as IRS Form 1099 or equivalent forms, schedules, statements, and other investment-related documentation connected to your registration as an investor, investment activities, or use of the Services. The choice to transact business electronically with BMG is entirely yours, and these Terms inform you of your rights concerning electronic Disclosures.
Your consent to conduct electronic transactions and receive Disclosures applies to all transactions with BMG related to the Services. This consent remains effective as long as you are an active user and extends beyond the termination of your account until all related transactions and necessary Disclosures have been completed. If you no longer have outstanding investments through the Site and choose to withdraw your consent to electronic transactions, BMG will terminate your user account accordingly.
You also expressly consent to receiving messages, emails, SMS/text messages, and similarly distributed communications from BMG, its affiliates, partners, representatives, or agents at any contact number or email address you have provided or will provide in the future, including mobile or cellular phone numbers. Standard messaging rates or charges from your cellular provider will apply. If accessing the Site or Disclosures electronically via a mobile device, you must ensure your device can adequately store, print, or otherwise retain the electronic Disclosures. Suitable software for these purposes is generally available from your device’s respective app store. If your mobile device lacks such capability, please access the Site using a device that meets these requirements.
Electronic Communication Privacy Act Notice (18 U.S.C. §§2701-2711): BMG cannot guarantee the confidentiality or privacy of any information transmitted through the Site or any linked third-party website. BMG is not responsible for the privacy or security of email addresses, registration and identification information, stored data, transmitted communications, confidential or trade-secret information, or other content transmitted or stored through the Site or associated networks.
MODIFICATION
BMG reserves the right, at its sole discretion and without prior notice, to modify, correct, replace, suspend, or discontinue any terms of these Terms, or the Site or Services themselves, including the availability of specific features, databases, or content. Such modifications become part of these Terms and take effect immediately upon being posted on the Site. Oral amendments to these Terms are not permissible. BMG may also impose limitations or restrict access to certain Site features or Services without notice or liability. It remains your responsibility to regularly review these Terms for updates. Your continued use of the Services after any changes signifies your acceptance of those modifications.
LINKED SITES
The Site may provide links to third-party websites ("Linked Sites") for your convenience only. Accessing Linked Sites is at your own risk. Linked Sites are not under the control of BMG, and BMG is not responsible or liable for their content, accuracy, legality, functionality, or appropriateness. The presence of a Linked Site on the BMG Site does not imply affiliation, sponsorship, endorsement, or association with the operators of such Linked Sites. BMG is not liable, directly or indirectly, for damages or losses arising from or connected to your use of or reliance on information, products, or services available through Linked Sites. Please review the terms and conditions and privacy policies of each Linked Site separately, as they may differ significantly from those of BMG.
TERMINATION
BMG may terminate your access to all or part of the Site or Services at any time, with or without cause or prior notice, effective immediately. Termination may result in the loss and destruction of all information related to your account. If you wish to terminate your account voluntarily, please follow the instructions provided on the Site. Upon termination, all provisions of these Terms which inherently survive termination shall remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW, AND EXCEPT AS REQUIRED BY APPLICABLE SECURITIES REGULATIONS, IN NO EVENT SHALL BLACK MARLIN GROUP, LLC ("BMG"), ITS DIRECTORS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES, ANY INVESTMENT OR INVESTMENT-RELATED DECISIONS MADE THROUGH THE SITE OR SERVICES, OR ANY CONTENT OR MATERIALS ACCESSED ON OR THROUGH THE SITE OR SERVICES, EVEN IF BMG HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING CONTRARY HEREIN, AND EXCEPT WHERE PROHIBITED BY APPLICABLE SECURITIES OR OTHER LAWS, YOUR SOLE REMEDY SHALL BE LIMITED TO INJUNCTIVE RELIEF, AND YOU SHALL NOT BE ENTITLED TO RECOVER ANY DAMAGES OF ANY KIND FROM BMG, ITS DIRECTORS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, OR REPRESENTATIVES, REGARDLESS OF THE NATURE OF YOUR CLAIM OR CAUSE OF ACTION.
THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS ALSO EXTEND TO DAMAGES ARISING FROM ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES LINKED TO OR OTHERWISE ACCESSIBLE THROUGH THE SITE OR SERVICES.
CERTAIN FEDERAL, STATE, OR LOCAL JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS.
DISCLAIMERS
You acknowledge and agree that your use of the BMG Site and Services, including any content, products, features, or investment opportunities provided through or in connection with the Site or Services, is at your own sole risk. The Site and Services, unless explicitly stated otherwise by BMG, are provided on an "as is" and "as available" basis. To the fullest extent permissible under applicable law, BMG expressly disclaims any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or proprietary rights, compliance with applicable federal, state, or foreign securities laws and regulations, securities exchange or self-regulatory organization rules or regulations, and accuracy, correctness, completeness, and reliability of the Site content.
BMG does not guarantee the accuracy or completeness of any User Content or third-party content available on the Site and explicitly disclaims any responsibility for any offensive, inappropriate, inaccurate, obscene, or otherwise objectionable User Content or third-party content you may encounter on or through the Site. BMG assumes no responsibility for the conduct, whether online or offline, of any user of the Site or Services. BMG does not guarantee or promise specific outcomes or results from your use of the Site or Services, including any investment opportunities available through the Site.
BMG maintains no fiduciary relationship or special duty toward you, and makes no representations or warranties regarding the merits or risks of any investments presented through the Services. You are solely responsible for exercising your independent judgment and caution when considering or making any investment or related decisions. BMG does not independently verify that investors or users qualify as accredited investors beyond reviewing information submitted directly by users or their authorized representatives. BMG does not specifically recommend or endorse any particular investment opportunity or its suitability for any specific user.
BMG does not guarantee uninterrupted or error-free operation of the Site or Services, which may occasionally become unavailable due to scheduled maintenance, unexpected interruptions, or other reasons. BMG assumes no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation, communication line failures, theft, destruction, unauthorized access, or alterations of user communications or information. Furthermore, BMG is not liable for any technical malfunctions of telephone networks, computer online systems, servers, computer equipment, software, email failures, or traffic congestion related to or resulting from your use of the Site or Services, including injury or damage to any person’s computer or device arising from or connected to using the Site or Services.
Under no circumstances shall BMG be liable for any losses, damages, injuries, or death resulting from anyone’s use of the Site or Services, interactions between users, or any content, materials, or communications transmitted to or through the Site or Services.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Black Marlin Group, LLC ("BMG"), its affiliates, officers, directors, members, partners, employees, contractors, suppliers, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, without limitation, attorney’s fees) arising out of or relating to: (i) your use or misuse of, or access to, the Site, Services, or any content therein; (ii) your violation or breach of these Terms of Service, BMG’s Privacy Policy, or any Published Information; (iii) infringement by you or any third party using your account of any third party’s rights, including without limitation intellectual property rights, property rights, or privacy rights; or (iv) any claim arising from User Content posted by you causing harm to any third party.
This indemnification obligation will survive termination or expiration of these Terms and your use of the Services. BMG reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to fully cooperate with BMG in asserting any available defenses.
If you are a California resident, you hereby expressly waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you reside in another jurisdiction, you waive any comparable statute, rule, or regulation. Furthermore, you hereby release any claims against BMG, its employees, officers, directors, affiliates, and representatives arising in any way from your use of the Site or Services, including referrals received as a result of your registration. You are solely responsible for your actions, your use of the Site and Services, and the consequences of your interactions or content provided through or related to the Site or Services.
GOVERNING LAW; ARBITRATION
These Terms of Service, along with any incorporated rules, policies, or guidelines referenced herein, shall be governed by and construed in accordance with the laws of the State of Arizona, as applicable to agreements made and performed entirely within the State of Arizona between Arizona residents, without giving effect to any conflict-of-law principles. The Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods shall expressly not apply.
By agreeing to these Terms and using the Services, you expressly consent to the personal jurisdiction of the courts located within Arizona and irrevocably waive, to the maximum extent permitted by law, your right to a trial by jury. Unless otherwise mutually agreed in writing, any dispute arising from or relating to these Terms or your use of the Services shall be finally resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with judgment upon the arbitration award enforceable in any court having jurisdiction thereof. The arbitration shall be conducted in English by a single arbitrator in the State of Arizona. Such arbitration must be initiated within one (1) year of the event or occurrence giving rise to the claim. However, notwithstanding the arbitration requirement, either you or BMG may seek injunctive or equitable relief from any court of competent jurisdiction without violating this arbitration clause. You further acknowledge and agree that you may only bring claims against BMG individually and not as part of any class or representative proceeding.
These Terms are governed by the laws of the State of Arizona, U.S.A., as stated. Mandatory consumer protections that cannot be waived under the laws of your country of residence remain unaffected to the extent they apply.
OTHER
These Terms, together with BMG’s Privacy Policy, any Published Information, and other legal notices published on the Site by BMG, constitute the complete and exclusive agreement between you and BMG regarding your use of the Services, superseding all prior or contemporaneous communications, understandings, or agreements regarding such subject matter. In the event of a conflict between these Terms and the Privacy Policy or any Published Information, these Terms shall control.
You may not assign or transfer these Terms, in whole or part, without BMG’s prior written consent. BMG reserves the unrestricted right to assign or transfer any of its rights or obligations under these Terms. Any failure by BMG to enforce or exercise any provision or right under these Terms shall not constitute a waiver of such provision or right, which may only become effective through a written agreement signed by an authorized representative of BMG.
The headings and titles used throughout these Terms and the Privacy Policy are solely for convenience and carry no contractual or legal significance. If any provision or portion of these Terms is found unenforceable, such provision shall be enforced to the greatest extent permissible under applicable law to reflect the original intent, and the remainder of these Terms shall continue in full force and effect. Any provision deemed unlawful, void, or unenforceable shall be severed without affecting the validity and enforceability of remaining provisions. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.
Your use of the Site is also subject to our Privacy Policy (including cross-border data transfer and cookies).
LANGUAGE
For convenience, the Site or documents may be available in multiple languages. If there is any conflict between an English version and a translated version, the English version controls to the maximum extent permitted by law.