Terms – REIT/BASE

Terms of Use:

V-2 Capital Partners, LLC d/b/a REIT/BASE offers a web-based information service located at www.reitbase.net (the “Website”) that provides financial and operating data for public real estate investment trusts (REITs) (“Content”). These Terms of Use (“Terms”) apply to the REIT/BASE Website as well as any related mobile device application and service (the “Web Properties”). By registering and subscribing to REIT/BASE Website you agree to the following terms and conditions, collectively described as “Terms of Use.”

These Terms are not applicable to any other web page operated and/or owned by any entity other than REIT/BASE, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting third party websites, you should refer to the terms and conditions in effect for the applicable owner.

PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE PROCEDURE, JURISDICTION AND VENUE OF DISPUTES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.

1. Convenience And Information Only. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties solely for your convenience and for your information use only. This includes financial data stored on the REIT/BASE web site, sourced from public documents, including 10-Q, 10-K, and 8-K reports as filed with the SEC. While data presented herein is believed to be accurate and consistent with source materials, REIT/BASE expressly disclaims any liability for the accuracy, timeliness or completeness of its data; makes no representation that our records will be updated as new information becomes available; that the data is free from technical inaccuracies or programming or typographical errors, changes caused by a third party; or that your access will be free from interruptions, errors, computer viruses or other harmful components.

2. Format: REIT/BASE utilizes a standard chart of accounts to display accounting data for a large set of public REITs. To accommodate variation in reporting standards, REIT/BASE utilizes a ‘best fit’ approach in determining how to store and present data, which may differ from formats used by REITs in their audited financial statements and unaudited interim reports. At times, REIT/BASE may choose to re-state prior periods for subsequent changes in accounting presentation or make other historical adjustments or estimates it deems necessary. Finally, certain non-GAAP items such as EBITDA, FFO, AFFO, etc. calculated by REIT/BASE may be materially different to those calculated by REITs or others, and REIT/BASE makes no attempt to notify subscribers as to any such differences or reconcile between contrasting values.

3. Informational Service: Reports, tables, graphs and other statistical data generated from the REIT/BASE web site are for informational purposes only, do not constitute investment research, and are not recommendations or advice to buy, sell, or hold any security. Nothing on the Web Properties should be construed as an endorsement of any particular company, or the contrary. Credit rating designations are opinions of the respective rating agencies and are subject to change or withdrawal at any time. We will not be liable to any party for any act or failure to act relating to any advice listed on the Web Properties.

4. Web Properties Use And Content. You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Web Properties without our express, prior, written consent. You may not attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the their respective related systems or networks. The Web Properties and all rights therein are and shall remain with us. We may revoke any of the foregoing rights and/or your access to the Web Properties, or any part thereof, including the blocking of your IP address, at any time without prior notice. YOU MAY NOT USE ANY PORTION OF THE WEB PROPERTIES FOR ANY COMMERCIAL USE. Any special rules for the software, audio files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.

5. Member Account, Password And Security. To access certain features of the Web Properties, you must create an account and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. We are entitled to act on all instructions received by anyone using your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your password, username or account. You may not use anyone else’s account at any time, without the permission of the account holder.

We reserve the right to deactivate or cancel your account and/or your access to the Web Properties in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your account or use of the Web Properties; (iv) you reside in or relocate to a country where use of an account or the Web Properties is prohibited under applicable law; or (v) you act in a fraudulent or an inappropriate manner while using the account or the Web Properties.

We may retain your account information and some automatically collected information for as long as you use your account and for a reasonable time thereafter, and we may store it in the aggregate.

6. Scheduled Maintenance/Updates: Subscribers to REIT/BASE are hereby notified that the web site will undergo periodic system maintenance, which may result in lack of service during such periods. There can be no assurance that any modifications or upgrades to the system will be successful, and that features previously available to subscribers will continue to be offered after such modifications. REIT/BASE expressly reserves the right to add, modify or delete any system feature at any time.

We may also make changes to these Terms or stop providing any of the Web Properties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.

7. Privacy And Electronic Communications. We know that privacy is very important to you, and it is very important to us as well. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Notice.

8. Objectionable Material. You acknowledge that in using the Web Properties and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable or offensive to you.

9. Minimum Age Requirement. The Web Properties are not intended to be used by anyone under the age of eighteen (18). By accessing the Web Properties, you affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

10. DISCLAIMERS.

(a) No Warranties For Web Properties. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES AND THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.

(b) Indemnification. You agree to defend, indemnify, and hold harmless REIT/BASE and our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.

(c) Network Access And Devices. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

(d) Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted to us using the Web Properties, and we will have no obligation to verify the accuracy of such data.

11. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR OUR AFFILIATES, AND ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES AND/OR CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY CONTENT PROVIDED THROUGH THE WEB PROPERTIES. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR CONTENT. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights that may vary from one jurisdiction to another.

Notwithstanding the above, the maximum liability for any damages, expenses, or legal costs related to use of the Web Properties shall not exceed the total amount paid by you for the most recent annual subscription to REIT/BASE.

12. Third Party Content And Third Party Applications. We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of any Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with the Web Properties, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.

If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.

13. Intellectual Property. Unless otherwise identified on the Web Properties, the Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our subsidiaries and affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 4 (Web Properties Use and Content) and elsewhere in these Terms.

We are the copyright owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of REIT/BASE that may be referred to on the Web Properties are the property of REIT/BASE, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. Neither the name of REIT/BASE nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior, written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 12 (Third Party Content and Third Party Applications) above may use the name REIT/BASE or the title of any Content in or as part of that link.

14. System Reliability: The REIT/BASE web site utilizes both commercial and proprietary software and is hosted by a third-party web service provider. Subscribers are hereby notified that service interruptions may result from the failure of electronic equipment, software code, communication lines, or problems arising from computer viruses, operator error, or unauthorized access to the REIT/BASE system itself. REIT/BASE assumes no liability for any such service interruptions.

15. Disclosures: REIT/BASE does not accept fees or other compensation in deciding whether to include a particular company in the database. However, REIT/BASE does accept individual and group subscriptions from the management and staff of covered REITs, all of which are on substantially the same terms and conditions as subscriptions available to the general public.

16. Payment Terms. To access certain features of the Web Properties or to purchase products or services offered on or through the Web Properties, you may be required to make a payment to REIT/BASE and to follow additional payment terms that we inform you about when you make a purchase. We may use the services of third party service providers to process payments and other transactions. If you make a purchase (including a paid subscription), then the following terms shall apply to your purchase and you agree to abide by them:

(a) Content Descriptions. Prior to you purchasing any paid portions of our REIT/BASE services on the Web Properties, REIT/BASE will make available to you a reasonable description of those services. Although REIT/BASE attempts to be as accurate as possible, REIT/BASE does not warrant that descriptions are or will remain accurate, complete, current, reliable, or error-free.

(b) Charges. If there is a charge associated with a portion of the Web Properties that you are accessing, you agree to pay that charge. The price stated excludes all applicable taxes and currency exchange settlements, unless stated otherwise. All prices provided on the Web Properties are subject to change. REIT/BASE reserves the right to correct any misprints or errors in pricing and to make any revisions as necessary or advisable. We do not offer any price protection or price adjustments in the event of a current or subsequent price reduction or promotional offering. Depending on which bank or financial institution you use, you may incur additional charges associated with your purchase; we have no control over those charges and accept no liability related to them.

(c) Billing. If you sign up for services that require payment, you will be asked to provide a payment method at the time you sign up. We use a third party service provider to process these payments. When you make a payment, we transfer you to a secure network provided by our third party processor through which all transactions are processed. We do not retain any of your credit card or other payment information. You agree to promptly update your account and other information, including your email address and payment method details, so we (and our third party service provide) can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. By providing REIT/BASE with a payment method, you (i) represent that you are authorized to use that payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize REIT/BASE to charge you by using your selected payment method. If the payment information you provided does not work and you do not provide us with an adequate replacement payment method within ten (10) business days, we reserve the right to suspend or terminate your User Account.

(d) Refund Policy. Unless otherwise provided by law or by a particular offer from us, all purchases of our services are final and non-refundable. If you believe that REIT/BASE has charged you in error, you must contact us within ninety (90) days of such charge. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

17. Termination Of Service. We may terminate your right to access portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

18. Additional Remedies. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

19. Governing Law, Jurisdiction And Venue. You agree that all matters relating to your access to, or use of, the Web Properties shall be governed by the laws of the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the Commonwealth of Pennsylvania, with respect to such matters.

20. Local Laws. We make no representation that Content or materials on the Web Properties are appropriate or available for use in jurisdictions that are outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

21. Customer Comments. By submitting comments, information or feedback to us through email and/or the Web Properties, you agree that the information submitted will be subject to our Privacy Notice. We may use comments, information or feedback that you may submit to us (collectively, “Feedback”), in any manner that we may choose, including, but not limited to, the incorporation of such suggested changes into our services and products, without notice or compensation to you. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license and all rights to use the Feedback for any purpose we may choose.

21. Export Restrictions. Any software and all underlying information and technology downloaded or viewed from the Web Properties or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

22. Your Consent To This Agreement

By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:

V-2 Capital Partners, LLC
711 South 8th Street
Philadelphia, PA 19147

Email: admin@reitbase.net

Effective as of: January 12, 2018
Last updated: January 20, 2018