Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the website located at investabr.com and any related pages, subdomains, and content (collectively, the "Site"), operated by ABR First Capital, LLC and ABR Capital Funding LLC (collectively, "the Companies," "we," "our," or "us").

By accessing or using the Site in any manner, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you are not authorized to access or use the Site.

These Terms apply to all visitors, including prospective and existing investors, and all other users of the Site.

2. Eligibility

The Site and the investment information contained herein are intended solely for individuals who:

• Are at least 18 years of age (or the age of legal majority in their jurisdiction);
• Are accredited investors as defined in Rule 501(a) of Regulation D under the U.S. Securities Act of 1933, or qualify as sophisticated investors under the laws of their jurisdiction;
• Access the Site from jurisdictions where such access is lawful and not prohibited by local law.

By using the Site, you represent and warrant that you meet all of the above eligibility requirements. We reserve the right to restrict access to the Site in our sole discretion, including restricting access from certain geographic regions where applicable securities laws prohibit distribution of this information.

3. Not an Offer or Solicitation

Any securities offerings by the Companies are made only pursuant to definitive offering documents (including a Private Placement Memorandum, Subscription Agreement, and Promissory Note) provided directly to eligible investors. The information on this Site is for general informational and illustrative purposes only and does not constitute a complete description of any investment opportunity.

Securities offered by the Companies have not been registered under the Securities Act of 1933, the Securities Exchange Act of 1934, or the securities laws of any U.S. state or non-U.S. jurisdiction. They are offered in reliance upon exemptions from such registration requirements, including Regulation D, Rule 506.

4. No Investment, Legal, or Tax Advice

The Companies are not registered as investment advisers under the Investment Advisers Act of 1940 or any applicable state law. Nothing on this Site constitutes investment advice, financial planning, legal advice, or tax advice tailored to your individual circumstances.

Before making any investment decision, you should conduct your own due diligence and consult with qualified independent advisors — including a licensed securities attorney, a certified public accountant, and a registered investment adviser — regarding the suitability of any investment in light of your specific financial situation, investment objectives, risk tolerance, and tax circumstances.

5. Accuracy of Information

While we endeavor to keep the information on this Site accurate and current, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of any information on the Site.

Performance data, target returns, historical results, and other financial information are provided for illustrative purposes only and may not reflect current conditions. Past performance is not indicative of future results. Financial projections are subject to significant uncertainty and actual results may differ materially.

We reserve the right to update, modify, or remove any content on the Site at any time without notice or liability.

6. Intellectual Property

All content on this Site — including text, graphics, logos, images, audio clips, data compilations, and software — is the property of ABR First Capital, LLC, ABR Capital Funding LLC, or their respective licensors, and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site content solely for your personal, non-commercial informational purposes. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or transmit any Site content without our prior written consent;
• Scrape, crawl, or use automated means to extract data from the Site;
• Use the Companies' names, logos, or trademarks without prior written permission;
• Remove or alter any copyright, trademark, or other proprietary notices.

7. Prohibited Conduct

In connection with your use of the Site, you agree not to:

• Violate any applicable federal, state, local, or international law or regulation;
• Transmit any unsolicited or unauthorized advertising, promotional materials, or spam;
• Attempt to gain unauthorized access to any portion of the Site or its related systems;
• Interfere with or disrupt the integrity or performance of the Site;
• Use the Site to transmit any material that is false, fraudulent, misleading, defamatory, or otherwise objectionable;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Site.

8. Third-Party Links

The Site may contain links to third-party websites. These links are provided solely for your convenience. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement of the linked site by the Companies.

When you leave our Site via a third-party link, you are subject to the privacy policy and terms of use of that third party.

9. Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT.

INVESTMENT IN SECURITIES IS SPECULATIVE AND INVOLVES A HIGH DEGREE OF RISK. THE COMPANIES MAKE NO WARRANTY THAT ANY INVESTMENT WILL ACHIEVE ITS TARGET RETURNS OR THAT PRINCIPAL WILL BE RETURNED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABR FIRST CAPITAL, LLC, ABR CAPITAL FUNDING LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE;
• DAMAGES ARISING FROM RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE;

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT LIABILITY CANNOT BE FULLY EXCLUDED, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANIES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless ABR First Capital, LLC, ABR Capital Funding LLC, and their respective officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Site or any Site content;
• Your violation of any rights of another person or entity;
• Any false or misleading representations you made in connection with the Site or any investment.

12. Governing Law & Jurisdiction

These Terms, and any dispute arising out of or relating to them or the Site, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any legal action or proceeding relating to your access to or use of the Site shall be brought exclusively in the federal or state courts located in El Paso County, Texas. You consent to the personal jurisdiction of such courts and waive any objection to venue therein.

13. Dispute Resolution

Informal Resolution. Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at fmb@investabr.com. We will attempt to resolve the dispute informally within 30 days of receiving your notice.

Arbitration. Disputes arising from or relating to any investment in securities offered by the Companies may be subject to mandatory arbitration as specified in the applicable subscription agreement and promissory note. Website use disputes are governed by these Terms and may be resolved through litigation in the courts specified above.

Class Action Waiver. To the extent permitted by law, you waive any right to bring or participate in any class action, collective action, or representative proceeding in connection with any dispute arising from these Terms or your use of the Site.

14. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will post the updated Terms on this page with a revised "Last Updated" date. Your continued access to or use of the Site after any modifications constitutes your acceptance of the updated Terms. If you disagree with any modification, your sole remedy is to discontinue use of the Site.

15. Contact

If you have questions about these Terms, please contact us: