Terms of Use, Conditions, Disclaimers, Disclosures and Restrictions (the “Terms”) and Privacy Policy 

Terms of Use

Please read the following carefully before continuing: THANK YOU FOR VISITING THE WEBSITE OF AMERICAN BIRCH CAPITAL INVESTMENTS LLC (“American Birch”). BY USING THIS SITE (THE “SITE”), YOU ACKNOWLEDGE YOUR ACCEPTANCE OF OUR TERMS, CONDITIONS, DISCLAIMERS, DISCLOSURES AND RESTRICTIONS, AS WELL AS OUR PRIVACY POLICY. AS WE RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME WITHOUT NOTICE TO YOU, WE SUGGEST THAT YOU READ THESE TERMS AND OUR PRIVACY POLICY EACH TIME YOU VISIT THIS SITE. CONTINUED USE OF THIS SITE BY YOU SHALL BE DEEMED ACCEPTANCE OF ANY CHANGES TO THESE TERMS.

Not an Offer: Nothing contained on this Site is an offer to sell or a solicitation of an offer to purchase an interest in any entity or investment vehicle. Any such offer or solicitation will only be made through formal offering materials.

Restriction on Use: You may not alter, redistribute, copy, reproduce, transmit or commercially exploit any content on this Site. Notwithstanding the foregoing, you may access content for your personal and non-commercial use, but any use of this Site or content from this Site for public or commercial purposes is strictly prohibited. We reserve all rights with respect to our proprietary information or content on this Site and will enforce such rights to the full extent of applicable copyright and trademark law. Except as expressly provided in these Terms, we do not grant any express or implied rights to you. You agree not to directly or indirectly attempt to register, challenge or contest the validity of our respective ownership of our intellectual property or to assist any third party in doing so. Any unauthorized use of this Site or the content may violate applicable laws, rules and regulations, including, but not limited to copyright law, trademark law, and commercial regulations and statutes. American Birch’s trademarks and service marks may be used only with written permission from American Birch. All other trademarks, service marks, brands and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of American Birch or any third party. If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such content. You may not alter or modify the content in your copies.

Limitation of Liability: Neither we nor any of our affiliates nor their respective officers, directors, trustees, employees and agents are liable under any circumstance for any damage or injury, including, but not limited to damage or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part from breach of contract, negligence, or otherwise that may result from your use or your inability to use this Site or any content found on this Site.

You Represent, Warrant & Indemnify: You represent and warrant to American Birch that you will not use this Site for any purpose that is unlawful or prohibited under the Terms. As a condition of your use of this Site, you also agree to indemnify and hold us and our affiliates, and their respective officers, directors, trustees, employees and agents harmless from and against any and all claims, losses, liability, costs and expenses, including but not limited to, attorneys’ fees, arising from your use of our Site or from your violation of these Terms.

Representation & Warranty Disclaimer: Although we have made reasonable efforts to ensure that the information contained within this Site is accurate, we make no representation or warranty, expressed or implied, that the information is accurate or complete. Content, including opinions and guidance, is provided for information purposes only and is subject to change without notice. This Site, and the content therein, is provided “as is”, “as available” and “with all faults.” We do not warrant that this Site will meet your needs and make no guarantee that we will update this Site. You agree to assume the entire risk as to your use of this Site. Furthermore, we assume no responsibility for, and make no representations or warranties tied to the functions of this Site and make no guarantee that this Site will be error free, uninterrupted, that defects will be corrected or that it is free of viruses or other harmful components.

Timeliness of Content: All content on this Site is presented only as of the date published or indicated and may be superseded by subsequent market events or other circumstances. You are responsible for refreshing your screen or setting the cache settings on your Internet browser to ensure you are viewing the most current content.

Right to Monitor: American Birch has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Site. American Birch may investigate any complaint regarding, or suspected violation of, these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that it deems appropriate.

Means of Access: This Site is generally intended to be viewed by a conventional web browser. Although you may use other means to access this Site, be aware that this Site may not appear accurately through other access methods, and you use them only at your own risk.

Transmission to and from the Site: Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and American Birch will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

Links to Other Websites: As a convenience and to make the Site truly service oriented, we have included links to useful sites on the Internet. These sites are owned and operated by third parties. American Birch makes no representation and is not responsible for the availability of, or content located on or through, these third-party sites. A third-party link from the Site is not an indication that American Birch endorses the third party or its site, or that American Birch necessarily has any affiliation with the third party or its hosting provider.

LinkedIn Disclosure: Content and other information contained in American Birch’s LinkedIn page (the “LI Page”) that is provided by us is for informational purposes only, represents the current, good-faith views of American Birch and is subject to change without notice. American Birch’s LinkedIn posts are not, and should not be considered to be, investment advice, an offer to sell, solicitation to buy or recommendation to invest in any particular security, strategy or investment product. American Birch makes all reasonable efforts to ensure that the information contained on the LI Page is accurate and reliable; however, errors sometimes occur. You should note that the materials on the LI Page are provided “as is” without any express or implied warranties. American Birch does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the LI Page or the servers that make it available are free from viruses or other harmful components. American Birch does not warrant or represent that the materials on the LI Page are correct, accurate, or reliable. You (and not American Birch) assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using the LI Page.

Due to the highly regulated nature of our industry and as a matter of policy, American Birch does not follow other users and, in some instances, may not reply to user comments. You are not authorized to post on or transmit to or from the LI Page any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. Further, we reserve the right to review and remove comments and the right to block comments or commenters for any reason.

For your own security and protection, please do not include personal or account information in posts or other messages directed to American Birch. In addition, because American Birch is an SEC-registered investment adviser, we cannot publish or otherwise disseminate testimonials about or products or services. Please refrain from posting any comments, positive or negative, on American Birch, our products or employees. We reserve the right to delete any such postings.

American Birch in no way endorses or takes responsibility for any content, advertising, products, advice, opinions, recommendations or other materials posted by followers or other third parties on the LI Page. Any comments or opinions posted by another user should be attributed to that user and not American Birch.

LinkedIn is a public site. American Birch is in no way affiliated with LinkedIn and has no responsibility for its operations and services or for other LinkedIn service sites. American Birch is not responsible for LinkedIn’s terms of use or privacy or security policies, or any other third-party sites that may be linked to by a LinkedIn site. By using LI Page, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of American Birch, your Internet Service Provider, and you.

American Birch and its affiliates disclaim, to the fullest extent permitted by law, all express and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.

Password and Security Notification: Certain areas of the Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that American Birch has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that American Birch provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify American Birch immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.

No Advice/No Offer: This Site is for general, informational purposes only. This Site does not provide specific investment advice or strategies to any individual or entity and is not intended to constitute an offer to sell or buy any securities. The investments and strategies discussed on this Site may not be suitable for all investors and are not obligations of or guaranteed by American Birch or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on this Site are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.

Investment/Performance Disclaimer: PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate. The Site could contain forward-looking statements from time to time, which reflect our current views with respect to, among other things, the operations and performance of our investments. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. Any transactions described on the Site as having been engaged in by American Birch or any of its affiliates are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by American Birch or any of its affiliates.

History of American Birch: American Birch began operations in 2020. We started this company to provide unique opportunities for our investors that would potentially generate significant returns. Since beginning in 2020 we have already launched two funds and are poised to launch many more.

Your Investor Role and Country: This Site is operated and controlled by us in the United States. The information provided on this Site is not intended for access or use by any person or entity in any jurisdiction or country where such access or use would be contrary to laws or regulations or which would subject us to any registration requirement within such jurisdiction or country. This Site and the content therein is for informational purposes only and should not be construed as solicitation, advice, offer or a recommendation for any fund, security, or service in any jurisdiction where such offer, solicitation or recommendation would be unlawful or unauthorized. By accessing this Site you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud and privacy.

American Birch’s Privacy Policy

Our Commitment to Privacy. Your privacy is important to us. To better protect your privacy, American Birch has developed this Privacy Policy to explain our online information practices for the Site. For visitors to our private LP site, a separate privacy policy applies.

American Birch Does Not Collect Personal Information on this Site. American Birch does not collect personal information such as names, home addresses or e-mail addresses from the use of this Site

Notification of Changes. Because American Birch’s business will continue to evolve, our privacy policies and, consequently, this Privacy Policy may change from time to time and, therefore, we strongly encourage you to review this Privacy Policy regularly. We reserve the right to revise this Privacy Policy at any time and for any reason. We will post the updated notice on the Site and update the notice’s effective date. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

Privacy Notice for California Residents. This provision supplements the information contained above and applies solely to visitors, users, and others who reside in the State of California. American Birch does not sell your information.

You have the right to request that American Birch disclose the following information to you about our collection and use of your personal information over the 12 months prior to the date of your request:

• The categories of personal information we collect about you
• The categories of sources for the personal information we collect about you
• Our business or commercial purpose for collecting that personal information
• The categories of third parties with whom we share that personal information
• The specific pieces of personal information collected about you
• If we disclosed your personal information for a business purpose, a list of the categories of personal information we have disclosed in the prior 12 months

You also have the right to request that American Birch delete any of your personal information that we collected and retained. We will, however, not delete your information if we need it (i) for a business purpose, (ii) to comply with legal obligations, or (iii) for certain other reasons in accordance with applicable law or regulation.

To exercise the rights described above, California residents may submit a verifiable consumer request to us by either e-mailing us at ABCIPrivacyRequests@americanbirch.capital or calling us at 1-860-341-2992. The request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information and it must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising these rights.

Cayman Island Fund Investors. Where you have invested into a Fund organized under the Cayman Islands, that Fund is the data controller for the purposes of the Data Protection Law, 2017 (“DPL”).

The personal data that you provide for the purposes of the subscription into the Fund registered in the Cayman Islands shall be processed in accordance with the provisions of the DPL and is used in connection with the discharge of legal and regulatory obligations.

For further information related to the DPL please see www.ombudsman.ky. Please contact us at ABCIPrivacyRequests@americanbirch.capital or at 1 (860)–341-2992 should you have a query related to the application of the DPL to your investment in one of our Cayman Islands Funds.