Disclosures & Disclaimers

DISCLOSURES & DISCLAIMERS

User Representations & Terms of Use

Please read this Agreement carefully. By using this website (“site”), you agree to the terms indicated herein, this disclaimer, and to comply with the site’s Terms of Use.  You may not access or use the site for any purpose other than that for which it has been made available.   You represent and warrant you will not use the site for any illegal or unauthorized purpose or in violation of any applicable law or regulation, that you have the legal capacity, that you are not a minor in the jurisdiction in which you reside (or if you are a minor, you have received parental permission to use the site) and that you will not access the site through automated or non-human means.

 

By continued use of this site, you acknowledge that all information reflected herein is provided “as is” and on an “as available” basis and understand site content, including but not limited to research, market valuations, calculations, estimates, or other material was obtained from sources believed to be reliable.  Sundance Bay assumes no responsibility or liability for any inaccuracies of content and materials, errors, mistakes, damage, or injury of any nature whatsoever, resulting from your access to and use of this site.  Any direct or implied warranties concerning the fitness of content contained herein for any usage, application, or purpose is expressly denied. Sundance Bay reserves the right to correct any errors, inaccuracies, or omissions and to revise, update, or change the site’s information at any time. We are not responsible or liable for the correctness of any such material or for any loss, damage, delay, or failure to act caused by any source beyond our reasonable control. There are no warranties or representations concerning the interruption or cessation of transmission to or from the site. Sundance Bay is not liable for any viruses, bugs, trojan horses, or the like which may be transmitted to or through the site.  You agree that your use of the site and our services will be at your sole risk.  Except as expressly provided herein, this site is Sundance Bay’s proprietary property – no part of it may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

By use of this site, you agree to defend, indemnify, and hold us and any direct or indirect subsidiaries and affiliates (if applicable) and each of their respective directors, officers, employees, agents, successors, and assigns harmless from and against all damages, liability, losses, demands or claims (including attorney’s fees and expenses), arising out of, resulting from or relating to your violation of misuse of the service or the site or its Terms of Use or, because of or arising out of site usage, breach of its Terms of Use, breach of your warranties and representations as outlined in the site’s Terms of Use, or any overt harmful act toward any third-party or another user of the site with whom you connected via the site. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.  This site is hosted in the United States.   Users accessing this site from outside the United States may be subjecting themselves to United States law, which may differ from their local laws, including laws that govern personal data disclosure, its collection, and use.  By transferring certain personal information through this site to the United States, users consent to the transfer of such personal data and the application of United States law.

 

Hyperlinks & Third-Party Website Content

This site may contain links to websites offered or controlled by non-affiliated third parties (“third party websites”) that allow you to exit the site and enter the third-party websites, as well as the content or items originating from or belonging to such third parties (“third party content”). These links are provided only as a convenience. Should you decide to leave this site and access such third-party websites, use or install any third-party website content, or participate in their website’s goods or services, you do so at your own risk. Linked websites are not reviewed, endorsed, controlled, examined, or sponsored by Sundance Bay, and we make no warranty for the accuracy or completeness of any linked websites’ content.  Sundance Bay hereby disclaims all liability for any other company’s website security, content, privacy policies, or products.  We accept no liability for any inaccuracies, errors, or omissions in or from any data or other information provided on such pages – the opinions, advice, recommendations, goods, or services represented by such linked site providers are those of the providers, not Sundance Bay.  Any interaction between you and the third-party website is exclusively between you and the applicable third party.  When you exit this site, this site’s terms of use are no longer applicable, and you agree to read and observe the terms of use and policies relevant to the third-party websites.  By entering such a website, you acknowledge and agree that we do not endorse any products or services offered therein and shall hold Sundance Bay harmless from any harm caused by your use of the third party website, the purchase of any product or service they may offer, as well as from any losses sustained by you or damage caused to you relating to or resulting in any way from your interaction with the third-party.  When accessing any third-party website, you should use your best judgment and exercise caution where appropriate.

 

Protection of Information

Sundance Bay implements a variety of security measures to maintain the safety of your personal information.  We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.  Please refer to Sundance Bay’s Privacy Notice for additional details on this topic.

 

Cookie Policy

We do not use cookies.

 

Advisory Services

Sundance Bay, the investment adviser, offers advisory and private fund management services for a particular type of real estate-related investment (pooled investment vehicles).  Investors must be persons who can bear the economic risk of an investment in the Funds. Each person to whom the units will be sold must meet specific suitability requirements and must represent in writing, among other things, that in connection with evaluating the merits and risks of investing in the Funds, they have such knowledge and experience in financial and business matters that they are capable of evaluating such merits and risks and is capable of making an informed investment decision.  Sundance Bay does not provide advisory services to individuals or individually tailored client services. It does not sell securities on a commission basis, provide investment planning services for a fee, or participate in wrap fee programs by providing portfolio management services. Sundance Bay’s clients are the Funds themselves, to whom it provides advisory services and for whom it manages assets according to the governing documents applicable to each.  Please refer to each Fund’s respective Confidential Offering Memorandum and related legal documents for complete details on the real-estate investment offerings the adviser represents. Additional information on Sundance Bay’s advisory services can be found within Sundance Bay’s Form ADV.

 

Alternative Investments

Private placement offerings (“alternative investments,” “private placements,” or the “offerings”) are complex investment vehicles, not suitable for all investors. They do not represent a complete investment program. They are not registered under the Investment Company Act of 1940 or the Securities Act of 1933, as amended, or the securities laws of any state.  The interests issued by alternative investments are offered or otherwise made available only in accordance with applicable private placement or offering rules, in reliance on exemptions from the said Acts and laws’ registration requirements.  Interests in an offering are not deposits or obligations of or guaranteed or endorsed by any bank or other insured depository institution, such as the Federal Deposit Insurance Corporation (“FDIC”), Federal Reserve Board (“FRB”), or any other governmental agency.  Securities offered through private placements are usually illiquid, with limited opportunities for resale. There is often no secondary market for an investor’s interest in alternative investments, with none expected to develop (i.e., there may be restrictions on transferring interests in any alternative investment).  Alternative investments are not required to provide investors with periodic pricing or valuation; investments in an offering are not subject to the same regulatory requirements as mutual funds. Investors in these products are often charged high fees, which may offset any trading profits. Alternative investment returns may fluctuate and are subject to market volatility.  When redeemed or sold, an investor’s shares may be worth more or less than their original cost, and an investor can lose all or a substantial portion of their investment. An investment in any offering should be discretionary capital set aside strictly for speculative purposes.

Nothing on this website may be considered an offer or a solicitation to purchase or sell any particular private placement offering.  The information or transactions discussed on this site are for information purposes only and are not necessarily reflective of the adviser’s current investment philosophy or process. Private placement offerings are only available to pre-qualified accredited or qualified individuals or institutions offered via an Offering Memorandum.  Any offer of securities may be made only through receipt of such a formal Confidential Private Offering Memorandum and related fund documents (“Operative Documents”) and only to sophisticated investors in jurisdictions where permitted by law. Neither the funds’ Operative Documents nor the offering of its limited partnership interests has been reviewed or approved by U.S. state or federal regulators to ensure the risks associated with the investment and all material facts about the entity raising money are adequately disclosed.  The information contained herein does not take into account the particular investment objectives or financial circumstances of any specific person who may view it.  Although Sundance Bay may provide summary information regarding an offering, it is not providing “due diligence” on an investor’s behalf and is not responsible for their final investment decisions.

Other Professional Advice

Investors must make their own financial and planning decisions based on their specific due diligence, investment objectives, economic, risk tolerance, and individual financial and personal circumstances.  The materials on the site, including, without limitation, any news articles, referenced data, and all other firm-specific details, are for informational purposes only and do not constitute financial, legal, tax, or advice. Before making any investment, investors should consult with their qualified financial professionals (i.e., financial advisor, legal, tax advisor, or another) to aid in due diligence as proper for their situation to determine the suitability of the risk associated with any investment.  Neither Sundance Bay nor any of its Associates or Investment Professionals provide tax, legal, or other professional advice. Neither represents the outcomes described herein will result in any particular tax or legal consequence.  Investors should confer with their personal tax advisors regarding the tax consequences of investing in any investment.  Sundance Bay assumes no responsibility for the tax consequences to any investor of any transaction.

 

Performance

All investments involve risk and may lose money. Past performance is no guarantee of future results, and any expected returns or hypothetical projections may not reflect actual future performance. Furthermore, past returns may reflect the performance of assets for a finite time or during a period of extreme market activity. There can be no assurance that an investment or any projected or actual performance shown herein will lead to the projected results shown or perform in any predictable manner. It should not be assumed that investors will experience returns in the future, if any, comparable to those shown or any or all of Fund investors experienced such returns.  Projected and hypothetical performance is intended to show only an expected range of possible investment outcomes. It may not consider the effect of taxes, future investment decisions, or other factors.  Projected and hypothetical performance does not represent actual investor returns or actual investment activity and may not reflect the effect of material economic and market factors. Investors may experience different results from any hypothetical results shown. There is a potential for loss and gain, not reflected in any hypothetical information portrayed. Hypothetical performance results typically do not represent actual trading results using investor assets; they are usually achieved using the retroactive application of a model designed with the benefit of hindsight. Investors should carefully review the additional information presented by Sundance Bay and each Fund’s respective Confidential Offering Memorandum and related legal documents for complete details on the real-estate investment offerings the adviser represents.

 

Forward-Looking Statements

This site may contain forward-looking statements, which reflect our current views concerning, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “potential,” believe,” “continue,” “expect,” “may,” “should,” approximately,” “seek,” “predict” “intend” “will” “estimate” “plan” “anticipate” or the negative version of these or other comparable words. Forward-looking statements are subject to various uncertainties and risks. Therefore, there are or will be important factors that could cause actual results or outcomes to differ materially from those indicated in such statements. We undertake no obligation to update or review any forward-looking statement publicly, whether as a result of future developments, new information, or otherwise.

 

Indexes

Investors cannot invest directly in an index.  Any comparisons to indices are presented to provide you with an understanding of their long-term historical performance and are not presented to illustrate the performance of any security. The inclusion of market or composite indexes, benchmarks, or other measures of relative performance in the various risk/return charts does not imply that such indexes are appropriate performance measures for a portfolio but instead are used solely to illustrate the risk and return characteristics of select market indexes during the period.  An index’s performance does not reflect the deduction of transaction costs, management fees, or other costs and expenses, which would reduce returns.  Comparative indexes are unmanaged. References to market or composite indexes, benchmarks, or other measures of relative market performance (indexes) over a specified period are provided for information only. They do not imply that similar returns will be achieved, volatility, or other results.  The composition of an index may not reflect how a portfolio is constructed about expected or achieved returns, portfolio guidelines, restrictions, sectors, correlations, concentrations, volatility, or tracking error targets, all of which may change over time.  Sundance Bay cautions investors that no index is directly comparable to the performance demonstrated since each index has its unique results and volatility.  As such, indexes should not be relied upon as accurate comparisons.

 

Risk of Investing

All investing involves risk, including the possible loss of principal. An investment in a Fund involves a high degree of risk, and the units being offered should be considered a speculative investment. Funds are suitable only for investors of substantial means who have no immediate need for liquidity of the amount invested and can afford a risk of loss of all or a significant part of such investment. No representation is made that any investment or transaction will or is likely to achieve profits or losses similar to those produced in the past, or that significant loss will be avoided; no assurances or guarantees are given regarding the performance of any investment. Past performance is no guarantee of future performance. Asset allocation cannot eliminate the risk of fluctuating share prices and uncertain returns; periodic investment plans do not assure a profit and protect against loss in declining markets. Diversification does not eliminate the risk of market loss.  Any historical or expected returns and probability projections reflected herein are provided for informational and illustrative purposes only. Prospective investors should thoroughly consider all of the “Risk Factors” discussed in the Fund documents and Sundance Bay’s Form ADV. There can be no assurance that the Funds or investment will achieve investment objectives, and investment results may vary substantially annually.  There are numerous risks involved for each investment and each of the Funds, and such risks are identified and described in detail within the applicable Fund documents.

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