Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Marmot Properties, LLC and its affiliates, including Marmot Industrial Income Fund I, LP (collectively, “Marmot,” “we,” “us,” or “our”). By accessing or using our website at marmotinvestments.com (the “Site”), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.

2. Eligibility

The Site is intended for use by persons who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Investment opportunities described on this Site are offered pursuant to Rule 506(c) of Regulation D under the Securities Act of 1933, as amended, and are available exclusively to “accredited investors” as defined in Rule 501(a). All investors must complete accredited investor verification as required by Rule 506(c) prior to acceptance into the Fund.

3. Not an Offer to Sell Securities

The information on this Site is provided in connection with an offering of securities made pursuant to Rule 506(c) of Regulation D, which permits general solicitation to verified accredited investors. This Site does not constitute an offer to sell securities to any person who has not been verified as an accredited investor. No offer or solicitation will be made in any jurisdiction in which such offer or solicitation would be unlawful.

Any offer to sell or solicitation of an offer to buy interests in Marmot Industrial Income Fund I, LP shall be made solely by means of a confidential Private Placement Memorandum (“PPM”), the Fund’s Limited Partnership Agreement, Subscription Agreement, and related documents (collectively, the “Offering Documents”), which set forth the complete terms and conditions of an investment. The information on this Site is qualified in its entirety by reference to the Offering Documents.

4. No Investment Advice

Nothing on the Site constitutes investment, legal, tax, or other professional advice. The information provided is general in nature and not tailored to your specific financial situation, investment objectives, or risk tolerance. You should consult with your own financial, legal, tax, and other professional advisors before making any investment decision.

5. Forward-Looking Statements

The Site may contain forward-looking statements, including projections of returns, target IRRs, preferred returns, equity multiples, capitalization rates, and other financial metrics. These statements are based on current expectations, assumptions, and estimates, and involve known and unknown risks, uncertainties, and other factors that may cause actual results, performance, or achievements to be materially different from any future results expressed or implied.

All projections and targets are hypothetical and are not guarantees of future performance. Past performance is not indicative of future results. All investments involve risk, including the potential loss of the entire amount invested.

6. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, audio, video, software, data compilations, and the design, selection, and arrangement thereof (collectively, “Content”), is the exclusive property of Marmot or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent.

7. Trademarks

“Marmot,” “Marmot Properties,” “Marmot Industrial Income Fund,” and all related names, logos, product and service names, designs, and slogans are trademarks of Marmot or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

8. Prohibited Uses

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit any unauthorized advertising, promotional materials, spam, or other form of solicitation
• To impersonate or attempt to impersonate Marmot, a Marmot employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
• To introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
• To use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
• To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site

9. Confidentiality

All information provided on this Site, including but not limited to investment strategies, fund terms, deal pipeline details, financial projections, and any materials made available through the Site, is proprietary and confidential. You agree not to disclose, reproduce, distribute, or otherwise make available any such information to any third party without our prior written consent.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MARMOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MARMOT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE, OR COMPLETE, OR THAT DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARMOT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF MARMOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MARMOT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).

12. Indemnification

You agree to defend, indemnify, and hold harmless Marmot, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in Washoe County, Nevada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of the American Arbitration Association applying Nevada law. The arbitration shall be conducted in Reno, Nevada.

15. Waiver of Class Action

YOU AND MARMOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

16. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Marmot regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

18. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.

19. Contact Information

If you have any questions about these Terms, please contact us at: