Terms of Use and Privacy Policy
Version effective September 2, 2026
TERMS OF USE AND PRIVACY POLICY
CapFree Homes, LLC CapFree Leasing, LLC Secure Investor Portal and capfreehomes.com
CONTENTS Part I. Terms of Use (Sections 1 to 23) Part II. Privacy Policy (Sections 1 to 16)
PART I — Terms of Use
Please read these Terms of Use carefully. They are a binding agreement between you and CapFree Homes, LLC and CapFree Leasing, LLC, each a Delaware limited liability company (together, "CapFree," "we," "us," or "our"), and they govern your access to and use of the website at capfreehomes.com (the "Website") and the password protected investor portal at [PORTAL URL] (the "Portal"). By visiting the Website, requesting Portal access, logging in, or viewing any material on the Portal, you agree to these Terms. If you do not agree, do not use the Website or the Portal.
1. What the Portal Is
The Portal is a private, access-controlled library of information about real estate investment opportunities sponsored or managed by CapFree and its affiliates. It exists so that invited investors can review offering materials in one secure place.
The Portal is for information only. You cannot subscribe for, purchase, or pay for any security through the Portal. Any actual investment is completed outside the Portal through separate signed documents and instructions provided to you directly.
2. Not an Offer, and Not the Offering Documents
Nothing on the Website or the Portal is an offer to sell, or a solicitation of an offer to buy, any security. No offer is made to any person in any jurisdiction where such an offer would be unlawful.
Summaries, teasers, models, images, and other material we provide are for convenience only. Any investment in a security offered by CapFree or its affiliates may be made solely on the basis of the definitive offering documents for that specific offering, which may include a private placement memorandum, operating or partnership agreement, and subscription agreement (together, the "Offering Documents").
If anything on the Website or the Portal conflicts with the Offering Documents, the Offering Documents control. You should read the Offering Documents in full, including all risk factors, before making any investment decision.
3. Who May Use the Portal
Portal access is by invitation only and is limited to persons CapFree has approved. By using the Portal you represent that you are at least 18 years old, that you have legal capacity to enter into this agreement, and that all information you have given us in connection with your access request is true and complete.
Securities described on the Portal are offered in reliance on Rule 506(c) of Regulation D under the Securities Act of 1933 and are not registered with the U.S. Securities and Exchange Commission or any state securities regulator. Participation in any such offering is limited to accredited investors, and CapFree may require you to provide documentation or complete third party verification of your accredited investor status before you may invest. CapFree may grant, limit, condition, suspend, or withdraw Portal access at any time in its sole discretion.
4. Your Login Credentials
Your credentials are personal to you. You agree to keep them confidential, not to share them or allow anyone else to use your account, and to notify us promptly at info@capfreehomes.com if you believe your account has been accessed without your permission. You are responsible for all activity that occurs under your account.
5. Confidentiality
Material on the Portal is confidential and proprietary to CapFree. Unless we agree in writing, you may use it only to evaluate a possible investment for your own account, and you agree not to copy, forward, post, publish, or otherwise disclose it to any other person.
You may share it with your own attorney, accountant, or investment adviser who needs it to advise you on that evaluation, provided you tell them it is confidential, and you remain responsible for their compliance with this section. If a law, regulation, or court order requires you to disclose the material, you agree to give us prompt written notice beforehand if you are legally permitted to do so.
These confidentiality obligations survive the end of your access to the Portal, and they do not apply to information that is or becomes publicly available through no fault of yours.
6. No Investment, Legal, Tax, or Accounting Advice
CapFree is not your investment adviser, attorney, or accountant, and nothing on the Website or the Portal is investment, legal, tax, or accounting advice or a recommendation that any investment is suitable for you. Real estate and tax outcomes, including any discussion of Section 1031 exchanges, depreciation, or other tax treatment, depend entirely on your own circumstances. You should consult your own professional advisers before acting on anything you see.
7. No Broker-Dealer or Fiduciary Relationship
CapFree is not a registered broker-dealer, investment adviser, or municipal advisor, and neither the Website, the Portal, nor these Terms creates a brokerage, advisory, agency, partnership, joint venture, or fiduciary relationship between you and CapFree. Your relationship with CapFree with respect to any investment is defined solely by the Offering Documents you sign.
8. Forward-Looking Statements, Projections, and Past Performance
Material we provide may include projections, pro formas, target returns, cap rate or yield assumptions, valuations, occupancy or rent assumptions, timelines, and other forward-looking statements. These are estimates based on assumptions that may prove incorrect. They are not guarantees, and actual results will differ, possibly materially.
Any information about prior investments or track record is provided for background only. Past performance does not predict or guarantee future results.
9. Risk Acknowledgment
By using the Portal, you acknowledge that an investment in privately offered real estate securities involves substantial risk, including the following: • You may lose all or part of your investment. • The securities are illiquid. There is no public market for them, transfer is restricted, and you may be required to hold your investment indefinitely. • Distributions are not guaranteed and may be reduced, suspended, or eliminated. • Real estate values, tenant credit, lease renewals, interest rates, financing availability, insurance costs, construction costs, and local market conditions can all change adversely. • The use of leverage can magnify losses. • You will rely on CapFree and its affiliates to manage the investment, and conflicts of interest may exist.
The Offering Documents for each offering contain a complete description of the risks for that offering.
10. Acceptable Use
You agree not to do any of the following: • Use the Website or the Portal for any unlawful purpose, or in violation of any securities law. • Attempt to gain unauthorized access to the Portal, other accounts, or any related systems or networks. • Scrape, crawl, harvest, mirror, or use any automated tool to extract data. • Reverse engineer, decompile, or interfere with the operation or security of the Website or the Portal. • Upload or transmit any virus, malicious code, or material that infringes the rights of others. • Remove, obscure, or alter any copyright, confidentiality, or other proprietary notice.
11. Intellectual Property
The Website, the Portal, and their contents, including text, graphics, logos, photographs, financial models, layouts, and software, are owned by CapFree or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view and download the material solely for the evaluation purpose described in Section 5 of this Part I. No other license or right is granted, whether by implication or otherwise.
12. Third-Party Content and Links
We may provide information from third parties, such as market reports, appraisals, tenant financial information, environmental or engineering reports, and links to outside websites. We believe those sources are reliable, but we have not independently verified all of them, and we do not endorse or take responsibility for third-party content or websites. References to other companies or brands do not imply any endorsement of CapFree by them.
13. Electronic Delivery and Communications
You consent to receive documents, notices, and disclosures from us electronically, including by email and by posting to the Portal. Electronic delivery satisfies any legal requirement that a communication be in writing. You are responsible for keeping a current email address on file with us. You may withdraw this consent by writing to info@capfreehomes.com, but if you do, we may be unable to continue providing you Portal access.
14. Fraud Warning
Wire fraud and impersonation are common in real estate transactions. We will never send you wire instructions, or a request to change wire instructions, through an unsecured email or a message posted on the Portal. Before sending any funds, call your known contact at CapFree at a phone number you have independently confirmed and verify the instructions verbally. Do not rely on contact details contained in the payment request itself. CapFree is not responsible for funds you send in response to fraudulent instructions.
15. Privacy
Information you provide to us, and information we collect when you use the Website or the Portal, is handled in accordance with our Privacy Policy, which appears as Part II of this document and is incorporated into these Terms by reference.
16. Availability, Changes, and Termination of Access
We may modify, suspend, or discontinue the Website or the Portal or any part of them, and we may add, change, or remove material, at any time and without notice. We may terminate or suspend your access at any time, with or without cause. On termination, you must stop using the Portal, and Sections 5, 17, 18, 19, 20, and 22 of this Part I continue to apply.
17. Disclaimer of Warranties
THE WEBSITE, THE PORTAL, AND ALL MATERIAL ON THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPFREE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE WEBSITE OR PORTAL WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL WE PROVIDE.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CAPFREE NOR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST INVESTMENT OPPORTUNITY, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR THE PORTAL, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF CAPFREE AND THOSE PARTIES ARISING OUT OF OR RELATING TO THE WEBSITE, THE PORTAL, OR THESE TERMS WILL NOT EXCEED $100.
Nothing in these Terms limits or waives any right or remedy you may have under federal or state securities laws, and any provision that would do so is not enforceable to that extent. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.
19. Indemnification
You agree to indemnify, defend, and hold harmless CapFree and its affiliates, members, managers, officers, employees, and agents from and against any claim, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the Website or the Portal, your unauthorized disclosure of confidential material, or any misrepresentation you make to us.
20. Governing Law and Venue
These Terms and any dispute arising out of or relating to them, the Website, or the Portal are governed by the laws of the State of Florida, without regard to its conflict of laws rules, except to the extent federal securities laws apply.
You and CapFree agree that the exclusive venue for any such dispute is the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, and each party consents to the personal jurisdiction of those courts and waives any objection based on venue or inconvenient forum.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.
21. Changes to These Terms
We may update these Terms from time to time. We will post the revised version and update the effective date above. Your continued use of the Website or the Portal after we post a change means you accept the revised Terms. If you do not accept them, stop using the Website and the Portal.
22. General
These Terms, together with the Privacy Policy in Part II, are the entire agreement between you and CapFree regarding the Website and the Portal and replace any prior understanding on that subject. They do not modify any Offering Document you have signed. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent, and we may assign them to an affiliate or successor. Headings are for convenience only.
23. Contact
Questions about these Terms or about Portal access should be directed to: CapFree Homes, LLC 121 Alhambra Plaza, Suite 1000 Coral Gables, Florida 33134 info@capfreehomes.com 305-727-1031
PART II — Privacy Policy
1. Who We Are and What This Policy Covers
CapFree Homes, LLC and CapFree Leasing, LLC, each a Delaware limited liability company (together, "CapFree," "we," "us," or "our"), operate the website at capfreehomes.com and the password protected investor portal.
This Privacy Policy explains what information we collect about you, why we collect it, who we share it with, and what choices you have. It applies to the Website, the Portal, and the emails and documents we send you in connection with our real estate investment offerings. It is Part II of, and incorporated into, our Terms of Use.
This policy does not cover the information practices of third parties we do not control, or information you give directly to your own attorney, accountant, bank, or adviser.
2. Information We Collect
Information you give us • Contact and identity. Your name, email address, phone number, mailing address, and the entity or trust you may invest through. • Investor qualification. Information about your investment experience, objectives, source of funds, net worth or income, and supporting documents you choose to provide, which may include tax returns, W-2s, brokerage or bank statements, and letters from your CPA, attorney, or broker. • Transaction. If you proceed to an investment, your taxpayer identification number, banking or wire details, and signed subscription and tax forms. Some of this may be collected outside the Portal. • Communications. Questions you ask us, notes from calls and meetings, and messages you send through the Portal or by email.
Information we collect automatically When you use the Website or the Portal we log your IP address, browser and device type, the pages and documents you open, the dates and times of access, and the site you came from. We collect this through cookies and similar technology described in Section 6 of this Part II.
Information we get from others • Identity and accreditation verification providers we may use to confirm the information you give us. • Public records, sanctions and anti-money-laundering screening databases, and background or credit reporting sources where permitted by law. • Referral sources, including your own adviser or an existing investor who introduced you to us.
3. Why We Collect It
We use your information to: • Decide whether to grant you Portal access and administer your account and credentials. • Confirm your identity and your eligibility to participate in a private offering, including accredited investor status where required. • Send you offering materials, updates, distribution notices, tax forms, and investor reporting. • Process and administer any investment you make and communicate with you about it. • Operate, secure, troubleshoot, and improve the Website and the Portal. • Comply with law, including securities, tax, anti-money-laundering, and sanctions requirements, and respond to lawful requests from regulators or courts. • Enforce our Terms of Use and protect our rights, our investors, and the Portal against fraud and misuse.
4. How We Share It
We share your information only as described here: • Affiliates and deal entities. Our affiliates, including between CapFree Homes, LLC and CapFree Leasing, LLC, and the fund or property-owning entities you invest in, so they can administer your investment. • Service providers. Companies that work for us and are bound to protect your information, including Portal hosting and document management, e-signature, identity and accreditation verification, fund administration, transfer agency, accounting and tax preparation, banking and payment processing, and email and CRM providers. • Professional advisers. Our attorneys, accountants, auditors, and insurers. • Legal and regulatory. Regulators, tax authorities, courts, and law enforcement when required by law or when we believe disclosure is necessary to protect rights, safety, or property. • Transactions. Lenders, joint venture partners, prospective purchasers of an asset, or an acquirer of our business, in each case in connection with a financing, sale, merger, or similar transaction, and normally subject to confidentiality. • With your directions, anyone else you direct or authorize us to share it with.
5. We Do Not Sell Your Information
We do not sell your personal information. We do not rent or trade it to data brokers, and we do not share it with third parties for their own advertising or marketing purposes.
6. Cookies
We use cookies and similar technology to keep you logged in, remember your preferences, keep the Portal secure, and understand basic usage such as which documents have been opened. We do not currently use third-party analytics, advertising, or session replay tools on the Website or the Portal.
You can block or delete cookies through your browser settings, but if you block the ones necessary for the Portal to function you may not be able to log in or use parts of it. Some browsers send a "Do Not Track" signal. There is no common industry standard for responding to it, so we do not currently respond to those signals.
7. Your Choices
• Correct your information. You can ask us to correct or update your contact information at any time by writing to info@capfreehomes.com. • Marketing emails. You can opt out of our general marketing and newsletter emails using the unsubscribe link or by writing to us. We will still send you communications required for your investment or by law, such as capital calls, distribution notices, investor reports, and tax forms. • Close your account. You can ask us to close your Portal account. We may need to keep certain records afterward as described in Section 9 of this Part II. • Decline to provide. You do not have to give us information, but if you decline to provide what we need to verify your identity or eligibility, we may not be able to give you Portal access or accept your investment.
8. Financial Privacy
CapFree is not a registered investment adviser, broker-dealer, or investment company, so we do not currently deliver a separate financial privacy notice under Regulation S-P. If that changes, or if an affiliate becomes registered, we will provide the notice that law requires, and it will govern in the event of any conflict with this policy.
9. How Long We Keep It
We keep your information for as long as you have Portal access or an investment with us, and after that for as long as we need it to meet our legal, tax, accounting, audit, and recordkeeping obligations, to resolve disputes, and to enforce our agreements. Securities and tax rules require us to retain certain investor records for a number of years after an investment ends. When we no longer need information, we delete it or de-identify it.
10. Security
We use commercially reasonable administrative, technical, and physical safeguards to protect your information, including access controls, encryption of data in transit, and diligence on the vendors we use. We limit access to the people who need it to do their jobs.
No system is completely secure, and we cannot guarantee that your information will never be accessed without authorization. Please use a strong, unique password, do not share your credentials, and tell us right away at info@capfreehomes.com if you think your account has been compromised.
11. State Privacy Rights
Some states give their residents rights over personal information, which may include the right to know what we hold about them, to get a copy of it, to correct or delete it, and not to be treated differently for exercising those rights. Where a state law gives you those rights, you may exercise them by writing to info@capfreehomes.com. We will verify your identity before responding and will respond within the time the applicable law requires. You may use an authorized agent where the law permits.
12. Other Sites and Links
The Website and the Portal may link to sites we do not operate, such as verification providers, e-signature services, or third-party reports. Those sites have their own privacy practices, and we are not responsible for them. Please read their policies before giving them your information.
13. Children
The Portal is for accredited investors and neither it nor the Website is directed to anyone under 18. We do not knowingly collect information from children. If you believe a child has given us information, write to info@capfreehomes.com and we will delete it.
14. Where Your Information Is Held
We and our service providers store and process your information in the United States. If you access the Website or the Portal from outside the United States, you understand that your information will be transferred to and handled in the United States, where privacy laws may differ from those in your own country.
15. Changes to This Policy
We may update this policy. We will post the new version with an updated effective date, and if the changes are significant, we will notify you by email or through the Portal. Your continued use of the Website or the Portal after we post a change means you accept the updated policy.
16. How to Contact Us
For any question about this policy or about your information, contact: CapFree Homes, LLC 121 Alhambra Plaza, Suite 1000 Coral Gables, Florida 33134 info@capfreehomes.com 305-727-1031