THESE TERMS OF USE CONTAIN A MANDATORY BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 5 AND 6). PLEASE READ THEM CAREFULLY, AS THEY DIRECTLY AFFECT YOUR LEGAL RIGHTS AND REMEDIES.

1. Nature of Services & Strict User Certifications

MEC Capital (“the Company”) operates a digital platform providing information and services exclusively intended for Accredited Investors and Business-Purpose Commercial Borrowers. By accessing, viewing, or utilizing any portion of this website or its integrated portals, you expressly certify, represent, and warrant the following status requirements:

• For Borrowers: You are seeking credit extensions solely for commercial, business, investment, or real estate rehabilitation and construction purposes. You represent, warrant, and covenant that no portion of any loan proceeds obtained via MEC Capital will be used for personal, family, household, or primary agricultural purposes. You acknowledge that these transactions are commercial and exempt from the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and other consumer protection regulations.
• For Investors: You acknowledge, understand, and agree that MEC Capital operates under the regulatory exemptions of Securities and Exchange Commission (SEC) Rule 506(c) of Regulation D. Access to specific offering materials, performance sheets, and subscription booklets is strictly restricted to verified “Accredited Investors” as defined under Rule 501 of Regulation D. You certify that all financial declarations, net worth assertions, and asset documentation you submit through our platform are completely true, accurate, and un-altered.

2. No Offer of Securities, Financial Advice, or Lending Commitments

• Informational Purposes Only: The entire content, media, calculations, and data displayed on this website are provided for informational, general solicitation marketing purposes only. Nothing contained on this website constitutes a formal offer to sell, or a lawful solicitation of an offer to buy, any securities, partnership interests, or debt placements.
• No Professional Relationship: MEC Capital is not a registered investment advisor, licensed broker-dealer, financial planner, or consumer mortgage lender. No content on this site should be interpreted as legal, tax, financial, or investment advice. All prospective investors are strongly directed to seek independent counsel from their own licensed legal, tax, and financial professionals prior to allocating capital.
• Performance Warning: Past historical performance metrics, founder track records, or case studies displayed on this site do not guarantee, predict, or indicate future fund results.

3. Regulatory Compliance & Secure 506(c) Investor Verification

Investors explicitly acknowledge that under SEC Rule 506(c), MEC Capital is under a strict federal legal obligation to take “reasonable steps” to independently verify that every capital partner is a qualified Accredited Investor.

You hereby consent to provide all requested documentation—including but not limited to federal tax returns, W-2 forms, asset statements, and formal verification letters from your independent CPA, licensed attorney, or registered broker-dealer—through our secure third-party verification portal infrastructure. Failure to provide satisfactory, legally compliant documentation within the requested timeframe will result in immediate disqualification from the offering and total revocation of portal access privileges.

4. Interactive Tools & Financial Projection Calculators Disclaimer

MEC Capital provides interactive tools on this website, including the MEC Investment Calculator, to allow prospective capital partners to model hypothetical scenarios.

You explicitly acknowledge and agree that all calculator outputs, tables, cash-flow projections, and compounding models are strictly hypothetical illustrations and do not reflect live fund data or actual guaranteed yields. Real-world private placement performance fluctuates based on variables including borrower default rates, unallocated cash drag, transaction costs, management fees, and foreclosure tracking timelines.

To the maximum extent permitted by law, MEC Capital and its Managing Member, Sheldon Holder, disclaim all liability for any financial decisions, reliance, or purported damages resulting from your use of or reliance upon these interactive mathematical models.

5. Mandatory Dispute Escalation Ladder & Remote Mediation

MEC Capital is committed to resolving operational and transactional disputes efficiently and amicably. In the event of any claim, conflict, or controversy arising out of or relating to these Terms, the use of this Website, or any services provided by the Company, the parties agree to exhaust the following mandatory Dispute Escalation Ladder prior to initiating any formal legal actions:

1. Direct Negotiation: The aggrieved party must provide written notice detailing the nature of the dispute to the other party. The parties must first attempt to resolve the matter through direct, good-faith executive negotiations for a minimum period of thirty (30) calendar days from receipt of notice.
2. Remote Mediation: If direct negotiation fails to resolve the dispute, the parties must participate in a mandatory mediation session consisting of at least four (4) hours of structured mediation. This session shall be conducted remotely via a mutually acceptable secure video conferencing platform (e.g., Zoom or Microsoft Teams) utilizing a mediator selected through mutual agreement. The administrative and operational fees of the mediator shall be split equally between the participating parties.
3. Binding Arbitration: Only after the above negotiation and remote mediation pathways have been entirely exhausted without a resolution may either party proceed to formal, binding arbitration as detailed in Section 6.

6. Mandatory Arbitration Agreement & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR CONSTITUTIONAL RIGHT TO A JURY TRIAL IN A COURT OF LAW.

• Binding Arbitration: Subject to the Dispute Escalation Ladder in Section 5, any remaining dispute, claim, or controversy arising out of or relating to these Terms, the Website, or Company services shall be settled exclusively by final, binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered and enforced in any court having competent jurisdiction.
• Venue & Jurisdictional Seat: The legal seat, jurisdiction, and place of arbitration hearings shall be strictly restricted to Harris County, Texas, unless otherwise agreed in writing by the parties.
• Class Action & Representative Waiver: You explicitly agree that any arbitration proceedings shall be pursued and conducted solely in your individual capacity, and not as a plaintiff, representative, or class member in any purported class action, collective action, or consolidated representative proceeding. The arbitrator is strictly prohibited from consolidating more than one person’s claims or presiding over any form of a representative or class-wide proceeding.

7. Limitation of Liability & Strategic Capital Indemnification

To the maximum extent permitted by applicable federal and state laws, MEC Capital, its subsidiaries, affiliates, and its Managing Member, Sheldon Holder, shall not be held liable for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, without limitation, lost profits, data loss, capital impairment, asset depreciation, or operational disruptions arising out of or in connection with your use of this website, its calculators, or portal networks.

You agree to indemnify, defend, and hold harmless MEC Capital, its officers, members, and Sheldon Holder from and against any third-party claims, liabilities, losses, costs, or damages resulting directly or indirectly from your breach of these Terms, your unauthorized use of site assets, or your willful misrepresentation of your “Accredited Investor” or “Business-Purpose Borrower” status.

8. Intellectual Property, Scraping Restrictions, & Portal Access

All proprietary content displayed on this platform—including but not limited to the interactive MEC Investment Calculator, proprietary commercial underwriting descriptions, page layouts, graphics, branding, and the legally protected slogan “Fast Funding, Proven Results”—constitutes the exclusive intellectual property of MEC Capital.

Unauthorized reproduction, digital scraping, automated data harvesting, application framing, or reverse engineering of any portion of this website or its backend portal interfaces is strictly prohibited and will result in immediate legal action and portal termination.

9. Electronic Records, Communications, & E-Sign Consent

By utilizing the user portals, submitting inquiry modules, or interacting with our digital interfaces, you provide your explicit consent to conduct business electronically pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

You agree that all electronic notices, disclosures, subscription records, agreements, draw requests, and communications delivered digitally by MEC Capital satisfy all legal requirements that such communications be in written hardcopy format.

10. Governing Law & Corporate Identification

These Terms of Use, along with all collateral website interactions, shall be governed by, interpreted, and construed in accordance with the internal laws of the State of Texas, without giving effect to any principles of conflicts of law.

• Entity Inquiries: For legal notices or general inquiries regarding portal functions, connect directly via:

• Corporate Web Portal: meccapitalfund.com
• Inbound Relations Email: info@meccapitalfund.com