IMPORTANT NOTICE
These Terms & Conditions of Use govern your use of embarkfunds.com (the "Site"), which is owned and operated by Embark MGMT, LLC, a Delaware limited liability company ("Embark," "we," "us," or "our"). By accessing the Site, you agree to the terms, disclosures, and policies below.
1.1 No Offer of Securities
The materials on this Site are provided for informational purposes only and do not constitute an offer to sell or a solicitation of an offer to buy any securities. Any securities offerings will be made only through formal offering documents provided to qualified investors in accordance with applicable U.S. securities laws, including Regulation D, Rule 506(c).
1.2 Accredited Investors Only
Interests in Embark-sponsored vehicles are offered only to accredited investors (as defined in Rule 501 of Regulation D). Investors must verify their status prior to subscription.
1.3 Investment Risk Disclosure
Investments in Embark-sponsored vehicles are speculative and illiquid. They are subject to significant risk, including but not limited to:
- Market volatility of target assets
- Single-asset concentration risk
- Liquidity restrictions and multi-year lockups
- Regulatory and valuation risk associated with in-kind contributions
See fund offering documents for additional risks, including those related to IRS rules under IRC §§ 721, 707, and 704(c).
1.4 No Investment, Legal, or Tax Advice
Nothing on this Site constitutes legal, investment, accounting, or tax advice. Embark does not guarantee any tax outcome. You are responsible for seeking independent professional advice before making any investment decision.
1.5 Tax Treatment of Contributions
Embark SPVs may accept in-kind contributions of appreciated public equities. Contributions are structured to qualify for non-recognition under IRC §721, but tax treatment depends on facts and circumstances.
Risks include:
- Disguised sale recharacterization under §707
- Built-in gain allocation under §704(c)
- Valuation and holding period issues for restricted or thinly traded securities
Embark makes no assurances regarding IRS interpretation or future audit outcomes.
1.6 Confidentiality of Content
All offering documents, strategy details, and communications on this Site are confidential and proprietary. You agree not to reproduce, redistribute, or disclose such content to third parties without written consent from Embark.
1.7 Intellectual Property
All Site content—including logos, text, design, and documents—is owned by Embark or its affiliates. No material may be copied, reproduced, or reused without permission.
1.8 Eligibility and Use
The Site is intended for use by individuals 18 years or older and located in the United States. Embark reserves the right to deny access to any user at its discretion.
1.9 Limitation of Liability
Embark disclaims all liability for damages or losses arising from your use of this Site, including reliance on any information contained herein. You access the Site at your own risk.
1.10 Third-Party Links
The Site may contain links to third-party websites. Embark is not responsible for their content, practices, or privacy policies.
1.11 Modifications
We may modify these Terms at any time without prior notice. Updates will be reflected on this page with a revised effective date.
1.12 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Contact Information
For any questions about these Terms, please contact us: