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Website Terms of Use

These Terms of Use ("Terms") are between you and Cogo Capital, LLC ("Company", "we," "us," or "our"). Your use of www.cogocapital.com, website (the "Site" or "Website") constitutes an acknowledgement that you have read the most recent version of the Terms and that you agree to adhere to its terms.

THESE TERMS GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY US. THESE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AFTER YOU READ THIS AGREEMENT, YOU SHOULD PROMPTLY EXIT FROM THIS WEBSITE AND REFRAIN FROM USING THE WEBSITE. BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE CONSULT THESE TERMS REGULARLY.

IF YOU HAVE NOT REACHED THE LEGAL AGE OF MAJORITY, OR ARE OTHERWISE NOT PERMITTED BY LAW TO BE A PARTY TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE COMPANY IS PROVIDING ITS SERVICES WITH THE IMPLICIT UNDERSTANDING THAT YOUR LEGAL GUARDIAN IS NOT OPPOSED TO YOUR USE OF THE WEBSITE. THE COMPANY RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT YOU DO NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. IN RESPONSE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT WE REQUIRE THAT YOU BE AT LEAST 13 YEARS OLD TO USE THE COMPANY SITE.

THE INFORMATION PROVIDED ON OUR WEBSITE DOES NOT CONSTITUTE AN OFFER OR INVITATION TO SELL OR ANY SOLICITATION OF ANY OFFER TO PURCHASE ANY SECURITIES IN THE UNITED STATES OR ANY OTHER JURISDICTION. ANY SECURITIES MAY ONLY BE OFFERED OR SOLD, DIRECTLY OR INDIRECTLY, IN THE STATE OR STATES IN WHICH THEY HAVE BEEN REGISTERED OR MAY BE OFFERED UNDER AN APPROPRIATE EXEMPTION.

Privacy

Your use of the Website is subject to the Company Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

Restrictions on Use

You may use this Site for purposes expressly permitted by this Site. You shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Site, access to the Site, or use of the Site nor make any claim that you do have such right.

You may not use this Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, you may not (and may not authorize any other party to: (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Electronic Communication

Visiting the Website or sending emails to the Company constitutes electronic communications. By using this Website and providing us your contact information on the Website, you consent to receive electronic communications from the Company.

Proprietary Information

You are granted a non-exclusive, non-transferable, revocable license to access and use of the Website strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to the Company that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The content on the Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

You may download and copy downloadable items displayed on the Websites for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. You agree that you may not store or maintain more than one copy of any of the contents of the Site at any given time.

Inaccuracies; Forward Looking Statements

We have made all reasonable efforts to ensure that all information provided through our Site is accurate at the time of inclusion; however, there may be inadvertent and occasional errors. We do not guarantee, and make no representations or warranties of any kind whether express or implied about, the information and opinions provided on the Website, including any items used either directly or indirectly from our Website, and reserves the right to make changes and corrections at any time, without notice.

We accept no liability for any inaccuracies or omissions in our Website and any decisions based on information and opinions contained on our Website are the sole responsibility of the visitor. Our Website may contain information about past investments and case studies of the business. It should be remembered that past performance cannot and does not guarantee future performance.

Our Website may contain statements concerning our business, financial condition, results of operations and certain of our plans, objectives, projections, expectations or beliefs with respect to these items. These statements may constitute forward-looking statements as that term is defined in the United States Private Securities Litigation Reform Act of 1995. These statements include, without limitation, those concerning the company's strategy and its ability to achieve it, expectations regarding real-estate investments, investment plans, and those preceded by, followed by, or that include the words "believe," "expect," "intend," "plan", "anticipate" or similar expressions. We caution that any forward-looking statements on our Website may and often do vary from actual results and the differences between these statements and actual results can be material. Accordingly, readers are cautioned not to place undue reliance on these forward-looking statements.

We undertake no obligation to release publicly the result of any revisions to any forward-looking statements that may be made to reflect subsequent events or circumstances. By their nature, forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such statements. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. This Website is not directed at any person in any jurisdiction where for any reason the publication or availability of this Website is prohibited.

Hyper-Links

This Site may be hyper-linked to other sites which are not maintained by, or related to, the Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and the Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Company of that site.

Certain services made available via this Website may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers.

Submissions

You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Company through this Site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. The Company will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.

Disclaimer of Warranties

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THIS SITE, OR THE CONTENT AND FURTHER THAT THE WEBSITE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THEY WILL OPERATE TIMELY, SECURE OR ERROR FREE OR THAT ANY DEFECTS IN SERVICES WILL BE CORRECTED. THE COMPANY IS NOT RESPONSIBLE FOR MESSAGE OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.

YOU AGREE THAT THE COMPANY PROVIDES ACCESS TO THE WEBSITE, ONLINE COMMUNITY AND THE SERVICES "AS IS" AND ON AN "AS AVAILABLE" BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR YOUR NEEDS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER WARRANTY SAID ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATES WITH THE USE OF THE SITE SHALL BE BORNE SOLELY BY YOU.

THE SERVICES AND CONTENT OF THE WEBSITE DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE USED TO MAKE ANY INVESTMENT DECISIONS. WE DO NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DO WE ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE.

THE COMPANY DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE.

THE COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND GIVES NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, ITS EMPLOYEES, OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO COMPANY AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS OR CHANGES AT ANY TIME.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE COMPANY, IT'S PARENT COMPANY, IT'S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALLY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THESE TERMS OR ACTIVITIES RELATING THERETO EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF THE COMPANY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNTS OF MONEY YOU PAID TO THE COMPANY FOR PRODUCTS OR SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnity

You will indemnify and hold the Company, its parent company, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any negligent act, omissions or willful misconduct and/or any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

No Guaranty

You understand that you are not to interpret hypothetical performance results as a promise or guarantee of earnings, profit or income. You understand that your actual results will be affected by many factors, the most important of which is you. Hypothetical performance results have many inherent limitations. You understand that we have made no representations, oral or otherwise, that you will or are likely to achieve profits similar to those discussed by the Company or any employee, agent or representative. In fact, you acknowledge that there are likely to be sharp differences between hypothetical performance results and the actual results you will achieve. You understand that there is no guarantee that you will earn any income at all through the use of the products or participation in the use of our services.

Security

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms.

The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.

BY USING THIS SITE YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Governing Law; Jurisdiction

The Company reserves the right in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. You specifically acknowledge and agree that these Terms and their interpretation and enforcement are governed by the laws of the state of Idaho. Furthermore, you irrevocably (i) submit to the jurisdiction of any court of the State of Idaho located in Kootenai County for the purpose of any suit, action or other proceeding arising out of these Terms or any of the agreements or transactions contemplated hereby (each, a "Proceeding"), (ii) agree that all claims in respect of any Proceeding may be heard and determined in any such court, (iii) waive, to the fullest extent permitted by law, any immunity from jurisdiction of any such court or from any legal process therein, (iv) agree not to commence any Proceeding other than in such courts and (v) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum.

The Company makes no representation that materials on its Website(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.

Attorneys' Fees

The substantially prevailing party will be entitled to recover its attorneys' fees from the substantially non-prevailing parties incurred in connection with the prevailing party's efforts to enforce this Agreement, regardless of whether any action or proceeding is commenced.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site.

Severability

If for any reason any provision of these Terms are determined by a tribunal of competent jurisdiction to be legally invalid or unenforceable, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity of the remainder of these Terms will not be affected and such provision will be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision will then be enforceable and enforced.

Binding

These Terms are binding upon you and will bind your executors, personal representatives, legatees, heirs, successors and assigns.

Survival

Any section of these Terms which by its terms and nature is meant to survive the termination of these Terms, shall survive such termination.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Company welcomes your questions or comments regarding the Terms:

Cogo Capital, LLC

Attn: Quality Department

1121 E. Mullen Ave.Coeur d'Alene, ID 83814

Call us toll-free at: 1-800-369-4237

Effective as of January 1, 2013.


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* Must present to Cogo Capital a full executed LOI  from a competing lender with no contingencies. Not available where prohibited by law, or in states where Cogo Capital does not trade.

Loans are available only on non-owner occupied real property. Loans are available in California through Cogo Capital Orange County, Inc. - California BRE License #: 01928542; NMLS #: 1051036.
Loans through Cogo Capital™ are not available in Arizona, Minnesota, Nevada, Oregon, South Dakota, or Vermont. Loans are available in Idaho, New Jersey, New York, North Dakota, and North Carolina through Secured Investment High Yield Fund, LLC and Secured Investment High Yield Fund II, LLC. In all other states, loans are available through Cogo Capital. See the Map

701 E Front Ave 2nd Flr, Coeur d'Alene, ID 83814 • (800) 747-1104 • [email protected]

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