Terms of Use

1. About Clark St Capital

Clark St Capital is a real estate investment firm that sponsors and manages private real estate investment vehicles, including syndications and private investment funds focused on single-family residential, small multifamily, and mid-to-large multifamily real estate. Each vehicle is a separate entity (each, an “Affiliate Fund”), with its own offering documents, strategy, and risk profile. References in these Terms to “Clark St Capital” include its Affiliate Funds where the context requires.

2. Offerings; General Solicitation; Accredited Investors Only

Securities sponsored by Clark St Capital and its Affiliate Funds are offered pursuant to Rule 506(c) of Regulation D under the Securities Act of 1933, as amended (the “Securities Act”). Accordingly, Clark St Capital may use the Site and other channels to engage in general solicitation and general advertising in connection with such offerings.

Sales of securities are made only to “accredited investors” as defined in Rule 501(a) of Regulation D, and only after Clark St Capital has taken reasonable steps to verify the purchaser's accredited investor status as required by Rule 506(c). Self-certification is not sufficient. Any subscription is subject to acceptance by Clark St Capital in its sole discretion.

Notwithstanding any general solicitation, the Site does not by itself constitute an offer to sell, or a solicitation of an offer to buy, any security in any jurisdiction where such an offer or solicitation would be unlawful. Securities are offered only pursuant to definitive offering documents, including a private placement memorandum, an operating or limited partnership agreement, and a subscription agreement (collectively, the “Offering Documents”). In the event of any inconsistency between the Site and the Offering Documents for any Affiliate Fund or investment, the Offering Documents control.

3. Eligibility

The Site is intended for use by persons who are accredited investors or who are otherwise evaluating a potential business or professional relationship with Clark St Capital. The Site is not directed to, and is not intended for, any person located in any jurisdiction where access to or use of the Site would be unlawful. You are responsible for compliance with all laws applicable to your access to and use of the Site.

4. No Investment, Legal, Tax, or Other Advice; No Fiduciary Relationship

Information on the Site is general in nature and does not take into account any user's specific investment objectives, financial situation, or needs. Nothing on the Site constitutes investment, legal, tax, accounting, or financial advice or a recommendation to engage in any transaction. Use of the Site does not create an advisory, fiduciary, agency, or similar relationship between you and Clark St Capital. You should consult your own legal, tax, and financial advisors before making any investment decision.

5. Forward-Looking Statements

The Site may contain forward-looking statements, including projections, targets, estimates, business plans, and statements about strategy, market conditions, and prospective performance. These statements are based on current expectations and assumptions, are subject to known and unknown risks and uncertainties, and are not guarantees of future results. Actual results may differ materially from those expressed or implied. Clark St Capital undertakes no obligation to update any forward-looking statement, except as required by law.

6. Past Performance; Track Record

Any past performance, case studies, or track record information on the Site is historical and is not indicative of future results. Different funds and investments have different strategies, terms, leverage, market conditions, and risk profiles. Performance of one investment, asset, or vehicle is not representative of performance of any other.

7. Investor Portal and Credentialed Access

Portions of the Site may be made available only through credentialed access, including any investor portal Clark St Capital may establish (the “Portal”). If you are issued credentials to access the Portal or any other restricted area of the Site, you agree that:

(a) you will keep your credentials confidential and not share them with any other person;

(b) you are responsible for all activity that occurs under your credentials;

(c) you will promptly notify Clark St Capital of any actual or suspected unauthorized use of your credentials;

(d) credentialed access is granted on a personal, non-transferable basis solely for your own evaluation, monitoring of your investment, or administration of your relationship with Clark St Capital; and

(e) Clark St Capital may suspend, terminate, or modify your access at any time, with or without notice, including upon redemption, withdrawal, transfer, or termination of your investor relationship.

Information made available through the Portal, including fund reporting, capital account information, K-1s, and other investor communications, is confidential and is provided subject to these Terms and any additional terms applicable to the Portal.

8. Permitted Use of the Site

You may access and use the Site for your own personal, non-commercial purposes consistent with these Terms. You agree not to:

• use the Site for any unlawful purpose or in violation of any applicable law;
• impersonate any person or entity or misrepresent your affiliation;
• attempt to gain unauthorized access to any portion of the Site, the Portal, related systems, or any other user's account;
• interfere with the security or operation of the Site or the Portal;
• use any automated system (including bots, scrapers, crawlers, or data-mining tools) without our prior written consent; or
• use Site content or any data obtained from the Site to train, fine-tune, develop, or evaluate any artificial intelligence or machine-learning model without our prior written consent.

9. Intellectual Property

All content on the Site, including text, graphics, logos, icons, photographs, images, video, design elements, and the selection and arrangement thereof, is the property of Clark St Capital, its Affiliate Funds, or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. The names “Clark St Capital,” “Clark St,” “Clark St Capital Preservation Fund,” and associated logos and marks are trademarks or service marks of Clark St Capital or its affiliates. You may not reproduce, modify, distribute, publicly display, or create derivative works of any portion of the Site without our prior written consent.

10. User Submissions

If you submit information through the Site (including investor inquiries, contact forms, accreditation questionnaires, or subscription-related materials), you represent and warrant that the information is true, accurate, and complete, and that you are authorized to provide it. You grant Clark St Capital a non-exclusive, royalty-free, worldwide license to use that information to evaluate your inquiry, verify your eligibility, communicate with you, and operate our business, in each case consistent with our Privacy Policy and applicable law. Submitting information does not create any investor, advisory, or contractual relationship with Clark St Capital and does not obligate Clark St Capital to accept any subscription, make any offer, or proceed with any transaction.

11. Third-Party Links and Services

The Site may contain links to, or integrate with, third-party websites, tools, or services (for example, analytics providers, CRM and email platforms, mapping tools, accreditation-verification providers, and investor data-room or portal providers). Those third parties are independent of Clark St Capital, and we do not control, endorse, or assume responsibility for their content, products, services, or practices. Your use of any third-party site or service is governed by that third party's terms.

12. Disclaimer of Warranties

THE SITE, THE PORTAL, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, CLARK ST CAPITAL DOES NOT WARRANT THAT ANY CONTENT ON THE SITE OR THE PORTAL IS ACCURATE, CURRENT, OR COMPLETE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLARK ST CAPITAL OR ITS AFFILIATES (INCLUDING THE AFFILIATE FUNDS), OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF CLARK ST CAPITAL AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE SITE OR THE PORTAL WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT LIMIT, AND IS SEPARATE FROM, ANY RIGHTS OR OBLIGATIONS UNDER THE OFFERING DOCUMENTS FOR ANY AFFILIATE FUND, WHICH ARE GOVERNED EXCLUSIVELY BY THOSE OFFERING DOCUMENTS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Clark St Capital and its affiliates (including the Affiliate Funds), and their respective members, managers, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site or the Portal, (b) your breach of these Terms, or (c) your violation of any law or third-party right.

15. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

16. Changes to These Terms

We may update these Terms at any time by posting the revised version on the Site. Changes are effective upon posting. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If a change materially affects your rights, we may provide additional notice through the Site or, for credentialed users, through the Portal or via the contact information you have provided.

17. Governing Law; Venue; Jury and Class Waiver

These Terms and any dispute arising out of or relating to these Terms, the Site, or the Portal are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws principles. The exclusive venue for any action arising out of or relating to these Terms, the Site, or the Portal is the state and federal courts located in the State of Connecticut, and you irrevocably consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum. YOU AND CLARK ST CAPITAL EACH WAIVE ANY RIGHT TO A TRIAL BY JURY in any such action. YOU AND CLARK ST CAPITAL EACH AGREE THAT ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

18. Severability; Entire Agreement; No Waiver

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. These Terms, together with the Privacy Policy and any additional terms applicable to specific services (including any Portal terms), constitute the entire agreement between you and Clark St Capital regarding the Site. Our failure to enforce any provision is not a waiver of that provision.

19. Contact