1. No Guarantee of Returns
Ascenda Enterprise Capital LLC ("AEC") makes no representations, warranties, or guarantees of any kind regarding investment returns, performance, or the preservation of capital. All documented historical trading results are provided for informational purposes only and are not a projection, promise, or guarantee of future performance. Past performance is not indicative of future results under any circumstances. All capital invested through AEC is subject to market risk, including the complete and permanent loss of principal.
2. Accredited Investor Requirement & Verification
Participation in AEC's private investment program is restricted exclusively to Accredited Investors as defined under the Securities Act of 1933, as amended, and SEC Regulation D, Rule 501(a). An Accredited Investor is an individual with a net worth exceeding $1,000,000 (excluding primary residence), or annual income exceeding $200,000 ($300,000 jointly with a spouse) in each of the two most recent years with reasonable expectation of the same income in the current year. By submitting this application, you represent and warrant that you meet this definition. AEC reserves the right to request documentation verifying accredited investor status at any time, and to reject any application where such status cannot be confirmed.
3. Limitation of Liability
To the fullest extent permitted by applicable law, AEC, its members, managers, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your investment, including but not limited to: losses resulting from market movements, platform failures, force majeure events, acts of God, geopolitical events, regulatory changes, cyberattacks, or any other cause beyond AEC's reasonable control. In no event shall AEC's aggregate liability to any investor exceed the amount of capital actually received from that investor in the six (6) months preceding the claim.
4. Indemnification
By submitting this application and investing with AEC, you agree to indemnify, defend, and hold harmless Ascenda Enterprise Capital LLC, its members, managers, officers, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of any representation or warranty made herein; (b) your violation of any applicable law or regulation; (c) any false or misleading information provided by you in connection with this application; or (d) any third-party claims arising from your use of AEC's services.
5. Discretionary Investment Management
AEC operates with full discretionary authority over all investment decisions. Investors have no right to direct, control, or interfere with AEC's trading strategies, asset allocation, position sizing, or risk management decisions. AEC's investment strategies โ including but not limited to futures trading, options strategies, real estate acquisitions, and private equity placements โ may change at any time without prior notice to investors.
6. Withdrawal & Redemption Terms
All withdrawal and redemption terms are subject to AEC's operating agreement and applicable law. AEC does not guarantee liquidity at any specific time. Requests for redemption must be submitted in writing with a minimum of ninety (90) days advance notice. AEC reserves the right to suspend or delay redemptions during periods of market dislocation, regulatory review, or other extraordinary circumstances. AEC is not liable for any losses incurred as a result of a delayed or suspended redemption.
7. No Registration โ Exempt Offering
This offering has not been registered with the U.S. Securities and Exchange Commission or any state securities authority. AEC is relying on the exemption from registration provided by Section 4(a)(2) of the Securities Act of 1933 and Rule 506(b) of Regulation D. This offering is not subject to the same legal requirements as a registered offering. Investments in unregistered securities involve significant additional risk.
8. Anti-Fraud Acknowledgment
By submitting this application, you represent that all information provided is true, accurate, and complete. You acknowledge that providing false or misleading information in connection with a securities offering is a federal crime under 18 U.S.C. ยง 1001 and may expose you to civil and criminal liability. AEC reserves the right to rescind any investment made on the basis of materially false representations.
9. Governing Law & Binding Arbitration
This agreement and all disputes arising therefrom shall be governed by the laws of the State of Georgia, without regard to its conflict of laws provisions. Any dispute, claim, or controversy arising out of or relating to your investment with AEC shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Atlanta, Georgia. The arbitrator's decision shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
10. Electronic Signature & Consent
By clicking "Submit Investor Application," you agree that your electronic submission constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. ยง 7001 et seq., and is the legal equivalent of a handwritten signature. You consent to conduct this transaction electronically and agree to be bound by all terms and disclosures set forth herein. Your IP address, device information, and timestamp will be recorded at the time of submission as evidence of your agreement.
11. Not Legal or Financial Advice
Nothing on this page or in any communication from AEC constitutes legal advice, financial advice, tax advice, or investment advice. You are strongly encouraged to consult with independent legal counsel, a registered investment advisor, and a certified public accountant before making any investment decision.