Disclaimer

KeyElementsCapital.com is a website owned and operated by Key Elements, LLC (“Key Elements”). By accessing the website and any pages thereof, you agree to be bound by the Terms of Use and Privacy Policy, as each may be amended from time to time. Key Elements is not a registered broker, dealer, investment advisor, investment manager or registered funding portal. The securities offerings on this site are available only to "Accredited Investors" – generally, natural persons must have a net worth of over $1 million (exclusive of residence) or income in excess of $200,000 individually or $300,000 jointly with a spouse. The securities are offered in reliance on an exemption from the registration requirements of the Securities Act of 1933, as amended, and are not required to comply with specific disclosure requirements that apply to registration under the Securities Act. Neither the Securities and Exchange Commission nor any state regulator has passed upon the merits of or given its approval to the securities, the terms of the offerings, or the accuracy or completeness of any offering materials. The securities are subject to legal restrictions on transfer and resale and investors should not assume they will be able to resell their securities. Investing in securities involves risk, and investors should be able to bear the loss of their entire investment. All investors should make their own determination of whether or not to make any investment, based on their own independent evaluation and analysis.

The information on the website includes historic results of certain investments made by Key Elements; however, past performance is no guarantee of future results. Historic returns may not reflect actual future performance, may not reflect potential deductions for fees which may reduce actual realized returns. Investors are advised that any investment with Key Elements may experience different results from those shown. Projected IRR and multiples are based upon the anticipated redemption or maturity date. All investments offered by Key Elements involve risk and may result in loss.

Some of the statements contained on the Key Elements website are forward-looking statements. You should not rely upon forward-looking statements as predictions of future events. These statements involve known and unknown risks, uncertainties, and other factors that may cause an investment’s actual results, levels of activity, performance, or achievements to be materially and adversely different from those expressed or implied by these forward-looking statements. Forward-looking statements may be identified by terminology such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “believes,” “targeted,” “projected,” “underwritten,” “estimates,” “predicts,” “potential,” or “continue” or the negative of these terms or other comparable terminology.

Although Key Elements believes that the expectations reflected in the forward-looking statements are reasonable, guarantees of future results, levels of activity, performance or achievements cannot be made. Moreover, neither Key Elements nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Neither Key Elements nor any other person or entity is under any duty to update any of the forward-looking statements to conform them to actual results.

The information on this website contains a preliminary summary of the purpose and principal business terms of the investments offered by Key Elements. This summary does not purport to be complete and is qualified in its entirety by reference to the more detailed discussion contained in the actual text of the definitive documentation regarding such investment. Further, the overviews presented on the Key Elements website do not constitute an offer to sell or a solicitation of an offer to make an investment herein. No such offer or solicitation will be made prior to the delivery of definitive documentation relating to such investment. The information on this website does not constitute an offer of, or the solicitation of an offer to buy or subscribe for, any securities to any person in any jurisdiction to whom or in which such offer or solicitation is unlawful.

Before making an investment decision with respect to any offering, potential investors are advised to carefully read the related subscription and offering memorandum documents and to consult with their tax, legal and financial advisors. Key Elements does not give investment advice or recommendations regarding any offering posted on the website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Key Elements makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Key Elements does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 Limitations of liability

Key Elements will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Key Elements has been expressly advised of the potential loss.

 Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Key Elements’ liability in respect of any:

  • Death or personal injury caused by Key Elements’ negligence;
  • Fraud or fraudulent misrepresentation on the part of Key Elements; or
  • Matter which it would be illegal or unlawful for Key Elements to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

 Other parties

You accept that, as a limited liability entity, Key Elements has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Key Elements’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Key Elements’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Key Elements.

 Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.