Terms of Use
Shoora Capital Management LLC, the general partner of Shoora Lending Fund LP (collectively, the “Company”), welcomes you to shooracapital.com (the “Platform”). Please read this Terms of Platform Agreement carefully, as it is a binding agreement between you and the Company governing your access to and use of the Platform, including all content, functionality, and services offered on or through the Platform. You may access or use the Platform only if you agree to this Agreement.
Please pay special attention to the following provisions: (1) Disclaimer of Warranties (Section 14); (2) Limitation of Liability and Exclusion of Damages (Sections 15 and 16); (3) Governing Law and Venue (Section 20.1–20.2); (4) Mandatory Arbitration (Section 20.3); (5) Class Action Waiver (Section 20.7); and (6) Limitation on Time to Bring Claims (Section 20.8).
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims between you and the Company are resolved (see Section 20), including a mandatory agreement to arbitrate disputes. Arbitration requires you to submit claims to binding arbitration rather than litigating them in court. Please read Section 20.3 carefully, as it affects your legal rights.
Minors Prohibited. The Platform is not intended for persons under the age of 18. Only adults who (1) are at least 18 years of age and (2) have reached the age of majority in their jurisdiction of residence may access the Platform. The Company prohibits access by any person who does not meet these requirements.
1. ACCESSING THE PLATFORM
The Company may withdraw or amend the Platform, or any service or material offered on the Platform, in its sole discretion without notice. The Company will not be liable if all or any part of the Platform is unavailable at any time or for any period. From time to time, the Company may restrict access to some or all parts of the Platform, including to registered users. Access to and use of the Platform may require the use of your personal computer or mobile device, and you are responsible for any internet connection, data, or mobile fees you incur.
2. YOUR ACCOUNT
2.1 Account Creation
To access certain features of the Platform, you may be required to create an account. Registration is intended for a single user. To register, you must complete the registration process by providing accurate, current, and complete information as prompted by the applicable registration form, and you must choose a password and username. By registering, you represent that: (a) all registration information you provide is your own and is accurate; (b) any prior account you held on the Platform was not terminated or suspended by the Company for violation of this Agreement; and (c) you are creating an account for your own personal or professional use. If you register on behalf of an entity, you represent that you are an authorized representative of that entity with authority to bind it to this Agreement.
2.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account credentials, and for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to any other person. The Company may disable any username, password, or identifier at any time in its sole discretion, including if the Company determines you have violated any provision of this Agreement.
2.3 Liability for Account Misuse
The Company will not be liable for any loss or damage arising from someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by the Company or another party due to misuse of your account or credentials.
2.4 Use of Other Accounts
You must not use any account other than your own at any time.
2.5 Account Security
The Company employs reasonable security measures to protect the integrity of your personal information. However, the Company cannot guarantee that unauthorized third parties will never defeat those measures or misuse information you provide. You acknowledge that you provide your personal information at your own risk.
2.6 Communication Preferences
By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may include transactional emails, account notices, platform updates, and, where you have opted in, informational or marketing materials. You acknowledge that any notices, agreements, disclosures, or other communications the Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To opt out of non-transactional communications, please review the Company’s Privacy Policy.
3. INTELLECTUAL-PROPERTY RIGHTS
3.1 Ownership
The Company owns and operates the Platform. Unless otherwise indicated, all content, information, graphics, design, software, text, data, sound files, and other materials on the Platform (excluding User Contributions as defined in Section 5) are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws (collectively, “Materials”). All Materials are the property of the Company, its subsidiaries, affiliates, or third-party licensors.
3.2 License Grant
The Company grants you a limited, non-sublicensable, non-transferable license to access and use the Platform solely for your own personal or internal business purposes. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any Materials, except as follows:
- Your computer may temporarily store copies of Materials in RAM incidental to accessing and viewing them.
- You may store files automatically cached by your web browser for display
- You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use, not for further reproduction or distribution.
- If the Company provides downloadable applications, you may download a single copy solely for personal or internal business use, subject to the applicable end-user license agreement.
- If the Company provides social media features, you may use those features as enabled by the
3.3 License Restrictions
You must not: (a) modify any Materials from the Platform; (b) use illustrations, photographs, video or audio sequences, or graphics separately from accompanying text; (c) delete or alter any copyright, trademark, or other proprietary notices from copies of Materials; or (d) access or use any part of the Platform or Materials for commercial purposes without the Company’s prior written consent. Any breach
of this Agreement terminates your license immediately, and you must return or destroy any copies of Materials in your possession or control.
3.4 Trademarks
The name “Shoora Capital,” “Shoora Capital Management LLC,” “Shoora Lending Fund LP,” and all related names, logos, product and service names, designs, slogans, and the look and feel of the Platform are trademarks or trade dress of the Company or its affiliates. You must not use these marks without the Company’s prior written consent. All other trademarks or service marks appearing on the Platform are the property of their respective owners.
4. PROHIBITED USES
You must use the Platform only for lawful purposes and in accordance with this Agreement. You must not use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation, including federal securities laws (the Securities Act of 1933, the Securities Exchange Act of 1934, and applicable regulations thereunder) and Georgia state securities laws (O.C.G.A. § 10-5-1 et seq., the Georgia Invest Georgia Exemption Act and Georgia Securities Act of 2008).
- To send, upload, or transmit any material that does not comply with the Content Standards in Section 7.
- To transmit unsolicited advertising or promotional material, including spam, junk mail, or chain letters, without the Company’s prior written consent.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that may harm the Company, its investors, or other users.
- To use any automated device, process, spider, robot, or means to monitor or copy Materials without the Company’s prior written consent.
- To introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- To attempt to gain unauthorized access to any part of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- To attack the Platform via a denial-of-service or distributed denial-of-service
5. USER CONTRIBUTIONS
5.1 In General
The Platform may allow users to submit, post, transmit, or store content, messages, text, images, or other data (collectively, “User Contributions”). All User Contributions must comply with the Content Standards in Section 7. Any User Contribution you post to the Platform will be considered non-confidential and
non-proprietary.
5.2 License to the Company
By submitting, transmitting, posting, or storing User Contributions on the Platform, you grant the Company and its affiliates and service providers a worldwide, irrevocable, fully sublicensable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions in any form or media now known or later developed, and to use the name, identity, likeness, and voice (or other biographical information) submitted in connection with those User Contributions. Where User Contributions contain information about third parties, you represent that you have obtained all necessary consents.
5.3 Representations and Warranties Regarding User Contributions
You acknowledge that you are solely responsible for any User Contributions you submit, including their legality, reliability, accuracy, and appropriateness. You represent that: (a) you own or control all rights in and to your User Contributions; (b) your User Contributions do not infringe any third-party intellectual property, privacy, or publicity rights; (c) your User Contributions do not contain viruses or malicious code; and (d) your User Contributions comply with the Content Standards in Section 7.
5.4 Content Uploaded at Your Own Risk
The Company uses reasonable security measures to protect User Contributions. However, the Company does not guarantee that unauthorized copying, use, or distribution of User Contributions by third parties will not occur. To the fullest extent permitted by applicable law, the Company will not be liable for any such unauthorized copying or distribution.
6. MONITORING AND ENFORCEMENT; TERMINATION
The Company may, in its sole discretion: (a) remove or refuse to post any User Contributions for any or no reason; (b) take any action with respect to any User Contribution that the Company considers necessary or appropriate, including if the Company believes the User Contribution violates this Agreement or applicable law, infringes any intellectual property right, or could create liability for the Company; (c) disclose your identity or information about you to any third party who claims that material posted by you violates their rights, to the extent required by applicable law; (d) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform; or (e) terminate or suspend your access to all or any part of the Platform for any reason, including any violation of this Agreement.
The Company will cooperate with law enforcement authorities or court orders directing the disclosure of your identity or information in connection with materials posted on or through the Platform.
7. CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
- Contain any material that is defamatory, libelous, obscene, abusive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote violence or discrimination based on race, sex, religion, national origin, disability, sexual orientation, age, or any other characteristic protected under applicable federal or Georgia state
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any
- Violate the legal rights (including privacy or publicity rights) of any person, or contain material that could give rise to civil or criminal liability.
- Be likely to deceive any person or misrepresent your identity or
- Promote or facilitate any illegal
- Constitute unauthorized solicitation of offers to buy or sell securities in violation of federal or Georgia state securities laws.
- Contain viruses, worms, Trojan horses, or other malicious
- Give the impression of being endorsed by or emanating from the Company, if that is not the
8. COPYRIGHT INFRINGEMENT
If you believe that any User Contribution violates your copyright, please contact the Company in writing at the address set forth in Section 21.6. It is the Company’s policy to terminate the access of repeat copyright infringers. The Company responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).
9. THIRD-PARTY CONTENT
9.1 Third-Party Content Generally
The Platform may provide links to or display third-party content (“Third-Party Content”). The Company does not control or endorse any Third-Party Content and makes no representations or warranties of any kind regarding its accuracy or completeness. The Company is not responsible for any Third-Party Content on the Platform.
9.2 Third-Party Websites and Applications
You are responsible for deciding whether to access or use third-party websites or applications that link from the Platform (“Reference Sites”). The Company does not control or endorse Reference Sites, the information available through them, or products or services offered on them. Access and use of Reference Sites is solely at your own risk.
10. CHANGES TO THE PLATFORM
The Company may update the content of the Platform from time to time, but such content is not necessarily complete or current. Any material on the Platform may be out of date at any given time, and the Company is under no obligation to update such material.
11. PRIVACY AND YOUR INFORMATION
For information about how the Company collects, uses, and shares your personal information, please review the Company’s Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
Residents of Georgia should note that the Company complies with applicable Georgia privacy and data security requirements, including the Georgia Computer Systems Protection Act (O.C.G.A. § 16-9-90 et seq.) and applicable data breach notification obligations under O.C.G.A. § 10-1-910 et seq.
12. USE OUTSIDE OF THE UNITED STATES
The Company is based in Atlanta, Georgia, United States. The Company makes no representation that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal for certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
13. INVESTMENT-RELATED DISCLOSURES AND REGULATORY NOTICE
NOT AN OFFER TO SELL SECURITIES. Nothing on this Platform constitutes an offer to sell or a solicitation of an offer to buy any securities. Any offer or solicitation will be made solely by means of a Confidential Private Placement Memorandum (“PPM”) and related Fund Documents delivered to eligible prospective investors. You should not rely on any information other than the information contained in the applicable PPM when considering an investment in the Shoora Lending Fund LP.
Shoora Lending Fund LP is a Delaware limited partnership. Its general partner is Shoora Capital Management LLC, located at 1155 Perimeter Center West, Suite 1100, Atlanta, Georgia 30338. Interests in the Fund are offered only to “Eligible Investors” as defined in the Fund’s PPM — generally, persons who qualify as “accredited investors” under Regulation D promulgated under the Securities Act of 1933, as amended.
No member of the Investment Committee is registered as an investment adviser with the Securities Division of the Secretary of State of Georgia or with the SEC under the Investment Advisers Act of 1940. The General Partner has not registered as an investment adviser with the SEC or with any state regulatory agency. Investors should be aware that the limited regulatory oversight resulting from the foregoing registration status means they will have less regulatory protection than if the General Partner and Investment Committee members were subject to more comprehensive oversight.
The Fund does not intend to register as an investment company under the Investment Company Act of 1940, in reliance on the exclusion provided under Section 3(c)(5)(C) of that Act. There can be no assurance that the SEC would agree with the Fund’s position regarding this exemption.
Investments in private real estate lending funds involve significant risk, including the potential loss of principal. Past performance is not indicative of future results. Prospective investors should review all Fund Documents carefully and consult with their own legal, tax, and financial advisers before making any investment decision.
14. WARRANTY DISCLAIMERS
14.1 No Warranty on File Downloads
The Company cannot guarantee that files available for downloading from the Platform will be free from loss, corruption, viruses, hacking, or other harmful elements. You are responsible for implementing adequate procedures and safeguards to satisfy your own requirements for antivirus protection and data accuracy.
14.2 Platform Provided “As Is”
Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. THE COMPANY PROVIDES THE PLATFORM, ITS CONTENT, AND ALL SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.3 No Implied Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from the Company or through the Platform, will create any warranty not expressly stated in this Agreement.
15. LIMITATION OF LIABILITY; RELEASE
15.1 Exclusion of Certain Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE GEORGIA AND FEDERAL LAW, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Platform; (c) infringing, inaccurate, obscene, offensive, threatening, or defamatory content or conduct; (d) unauthorized access to or use of the Company’s servers or any personal or financial information stored therein; (e) interruption or cessation of transmission to or from the Platform; (f) bugs, viruses, Trojan horses, malware, ransomware, or other disabling code transmitted through the Platform; (g) incompatibility between the Platform and your hardware or software; (h) delays or failures in transmissions or transactions on the Platform; or (i) loss or damage incurred because of use of any content posted, transmitted, or made available through the Platform.
15.2 Release
You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
16. EXCLUSION OF DAMAGES; EXCLUSIVE REMEDY
16.1 Exclusion of Indirect and Consequential Damages
UNLESS CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR INABILITY TO ACCESS THE PLATFORM OR ITS CONTENT. This exclusion applies regardless of the theory of liability and even if the Company knew or should have known of the possibility of such damages.
16.2 No Liability for Enumerated Losses
The Company will not be liable to you for any damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of privacy, or computer failure related to your access to or inability to access the Platform.
16.3 Exclusive Remedy; Cap on Liability
If you are dissatisfied with the Platform or have any complaint, your exclusive remedy is to stop using the Platform. The maximum aggregate liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount, if any, you have paid to the Company for the applicable purchase or service out of which the liability arose.
17. GEORGIA GENERAL RELEASE PROVISION
With respect to the releases of liability set forth in this Agreement, you acknowledge that you understand the consequences of entering into a general release and discharge of all known and unknown claims, to the extent permitted under applicable Georgia law. You acknowledge that Georgia law governs the interpretation and enforceability of this Agreement and these release provisions. Unlike California Civil Code § 1542, Georgia does not have a single codified “known and unknown claims” release statute; however, under Georgia law (O.C.G.A. § 13-7-5 and related case law), general releases may extinguish unknown claims if the release language is sufficiently clear and unambiguous and the release is entered into knowingly and voluntarily. By agreeing to this Agreement, you hereby release all claims — whether known or unknown at the time of this release — that are within the scope of the releases described in this Agreement, to the fullest extent permitted by Georgia law.
18. SCOPE OF DISCLAIMERS, EXCLUSIONS, AND LIMITS
The disclaimers, exclusions, and limits stated in Sections 14, 15, and 16 apply to the greatest extent allowed by applicable law. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of certain warranties, the exclusion of certain damages, or other matters, one or more of these disclaimers, exclusions, or limits may not apply to you in certain circumstances.
19. INDEMNIFICATION
19.1 Indemnification Obligation
You will defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (the “Indemnified Parties”) from and against any and all losses, claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) caused by or arising from: (a) your access to or conduct on the Platform, including your User Contributions; (b) your conduct off the Platform; (c) your breach of this Agreement; (d) your violation of any rights of any person, including intellectual property, publicity, or privacy rights; (e) your violation of any applicable law; or (f) your tortious or criminal acts or omissions. You are not required to indemnify if the loss was caused solely by an Indemnified Party’s intentional misconduct.
19.2 Definitions
“Loss” means any amount an Indemnified Party is legally responsible for or pays in any form, including a judgment, settlement, fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim (including legal fees, expert witness fees, and other adviser fees). A loss is “caused by” an event if the loss would not have occurred without the event, even if the event is not a proximate cause.
19.3 Notice; Cooperation
The Indemnified Party will notify you within a reasonable time after becoming aware of a claim for a loss that you may be obligated to pay. Failure to provide timely notice does not relieve your indemnification obligation unless that failure materially prejudices your ability to defend or mitigate losses. The Indemnified Party has control over defending any claim (including settling it), unless it directs you to control the defense. If directed to control the defense, you may not settle any litigation without the Indemnified Party’s prior written consent if the settlement imposes a penalty or limitation on the Indemnified Party, admits the Indemnified Party’s fault, or fails to fully release the Indemnified Party from liability.
20. DISPUTE RESOLUTION
20.1 Governing Law
This Agreement and all matters arising out of or relating to the Platform or this Agreement are governed by the laws of the State of Georgia and applicable federal law, without giving effect to any choice-of-law or conflict-of-law provisions. The predominant purpose of this Agreement is the provision of services and licensing of access to intellectual property, not a “sale of goods,” and the United Nations Convention on Contracts for the International Sale of Goods does not apply.
20.2 Jurisdiction and Venue
All disputes arising out of or relating to the Platform or this Agreement that are not subject to arbitration under Section 20.3 will be subject to the exclusive jurisdiction and venue of the state courts of Fulton County, Georgia, or the United States District Court for the Northern District of Georgia (Atlanta Division), and each party hereby submits to the personal jurisdiction of those courts and waives any objection based on improper or inconvenient forum.
20.3 Arbitration
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or relating to the Platform or this Agreement, a party may demand that such dispute be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures, with the seat of arbitration in Atlanta, Georgia. The arbitrator will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages beyond those expressly permitted under this Agreement. Judgment on any arbitration award may be entered in any court having jurisdiction.
20.4 Injunctive Relief
Nothing in this Section 20 will prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for matters related to data security, intellectual property, or unauthorized access to the Platform, without posting a bond or other security and without proof of actual monetary damages.
20.5 Recovery of Expenses
In any proceedings between the parties arising out of or relating to the subject matter of this Agreement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all reasonable expenses incurred in those proceedings, including reasonable legal fees and costs. If either party prevails on some but not all claims, no party will be deemed the “prevailing party” for purposes of this Section 20.5.
20.6 Jury Trial Waiver
EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE GEORGIA AND FEDERAL LAW. Either party may enforce this waiver up to and including the first day of trial. You acknowledge that this waiver is knowing and voluntary.
20.7 Class Action Waiver
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Unless the Company agrees otherwise in writing, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge and agree that each is waiving the right to participate in a class action.
20.8 Limitation on Time to Bring Claims
Any claim or cause of action arising out of or relating to the Platform or this Agreement must be filed within one (1) year after the cause of action arose. Any claim not brought within this period is time-barred and permanently waived, to the fullest extent permitted by applicable Georgia law. This limitation does not apply to claims that cannot be waived as a matter of law.
21. GENERAL PROVISIONS
21.1 Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding your access to and use of the Platform, and supersedes all prior and contemporaneous agreements and understandings between you and the Company relating to the Platform. In the event of a conflict between this Agreement and any other document or communication (including, without limitation, a PPM or other Fund Document), the applicable Fund Document will control with respect to your investment in the Fund.
21.2 Changes to This Agreement
The Company may modify this Agreement at any time. The Company will endeavor to post changes to the Platform at least fifteen (15) days before they become effective and will update the “Last Updated” date at the top of this Agreement. Changes will not apply to disputes arising from events occurring before the posted changes. By continuing to use the Platform after changes become effective, you agree to the revised Agreement. If you do not agree to the revised Agreement, your exclusive remedy is to stop accessing the Platform. Questions about changes may be directed to the Company at the contact information provided in Section 21.6.
21.3 Assignment
The Company may assign its rights or delegate any performance under this Agreement without your consent. You may not assign your rights or delegate your performance under this Agreement without the Company’s prior written consent. Any attempted assignment or delegation by you in breach of this Section 21.3 is void.
21.4 Waiver
The Company’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Company.
21.5 Severability
If any part of this Agreement is declared unenforceable or invalid under applicable law, the remainder of this Agreement will continue to be valid and enforceable to the fullest extent permitted by law.
21.6 Notices
Notices to the Company should be sent in writing to: Shoora Capital Management LLC, Attention: Compliance, 1155 Perimeter Center West, Suite 1100, Atlanta, Georgia 30338. Email notices may also be sent to [compliance [at] shooracapital.com]. The Company may change its contact information by posting the updated information on the Platform. Notices to you will be sent to the email address associated with your account or posted to the Platform.
21.7 Force Majeure
The Company will not be responsible for any failure to perform or delay in performance resulting from circumstances or causes beyond its reasonable control, including acts of God (including fire, flood, earthquake, hurricane, or other natural disaster), war, riot, terrorism, civil unrest, embargoes, fiber cuts, strikes or labor shortages, failure of telecommunications or internet infrastructure, or hacking, spam, or failure of a computer, server, network, or software for reasons outside the Company’s control.
21.8 No Third-Party Beneficiaries
This Agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this Agreement.
21.9 Successors and Assigns
This Agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
21.10 Electronic Communications
The Company does not provide facilities for sending or receiving confidential electronic communications. All messages sent to or from the Company through the Platform should be considered open communications. You should not use the Platform to send or receive messages intended solely for the sender and named recipients.
21.11 Electronic Signatures
Any affirmation, assent, or agreement you send through the Platform will be legally binding. When you click “I agree,” “I consent,” or a similarly worded button or entry field, your agreement or consent will be legally enforceable and the legal equivalent of your handwritten signature, consistent with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Georgia Electronic Records and Signatures Act (O.C.G.A. § 10-12-1 et seq.).
21.12 Georgia Residents — Consumer Information
The Company is: Shoora Capital Management LLC, 1155 Perimeter Center West, Suite 1100, Atlanta, Georgia 30338. You may contact the Company at the address above to resolve any disputes or to obtain further information about the Platform. Residents of Georgia may also contact the Georgia Governor’s Office of Consumer Protection, 2 Martin Luther King Jr. Drive SE, Suite 356, Atlanta, Georgia 30334, telephone (404) 651-8600, or file a complaint at consumer.georgia.gov.
21.13 Feedback
The Company welcomes your feedback about the Platform. Any suggestions or ideas you provide will not be treated as confidential, and nothing in this Agreement will restrict the Company’s right to use, disclose, profit from, or publish any feedback you provide, without compensation to you.
21.14 Survival
On termination of this Agreement, all provisions that by their nature should survive termination will survive, including Sections 3 (Intellectual-Property Rights), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Exclusion of Damages), 17 (Georgia General Release Provision), 19 (Indemnification), and 20 (Dispute Resolution).
21.15 Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to Shoora Capital Management LLC at the address or email provided in Section 21.6.