General
Welcome to the The Inland American Real Estate Trust, Inc. (“Inland American”) Web Site. Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Inland American Web Site that govern particular offers or features ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Agreement") all of which collectively govern your use of and access to all of the Inland American Web Site and any and all content, data and information contained therein. YOUR USE OF THE INLAND AMERICAN WEB SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY INLAND, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS INLAND AMERICAN WEB SITE.
Structure of The Inland Real Estate Group of Companies, Inc.
This Inland American Web Site is offered by The Inland Real Estate Group of Companies, Inc., a group of separate, legal entities that own The Inland Real Estate Group of Companies, Inc. and may also be affiliates of each other, share some common ownership or have been sponsored by Inland Real Estate Investment Corporation. Each entity that is part of The Inland Real Estate Group of Companies, Inc. is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on this Inland American Web Site. The products and services included on this Inland American Web Site may be offered by any of the entities that are part of The Inland Real Estate Group of Companies, Inc. Please note that these products and services may change at any time. In addition, there may be eligibility or suitability requirements for these products and services and they may not be available in all geographic areas.
Modifications of This Agreement
Inland American reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Inland American Web Site following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Inland American Web Site.
Links
Inland American is not affiliated or associated with the sponsors, owners or producers of any third party web Sites linked to or from this Inland American Web Site. These linked Sites are not under our control and Inland explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party Sites. Inland American does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party Sites. Inland American does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party Site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Inland American Web Site, the information on all of the Inland American Web Site is intended solely for use and access by persons residing in the United States, its territories and possessions. Inland American controls and operates its Web Site from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the Inland American Web Site is appropriate for use or access in other locations. Anyone using or accessing any of the Inland American Web Site from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
Use
The Inland American Web Site and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Inland American Web Site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Inland or by third parties who have licensed their materials to Inland American and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Inland American Web Site is the exclusive property of Inland or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any Inland American Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access this Inland American Web Site for any purpose that is unlawful or prohibited by this Agreement; (n) use or access this Inland American Web Site in a manner that could damage, disable, overburden, or impair any Inland server or the networks connected to any Inland American server; (o) interfere with any third party’s use and enjoyment of this Inland American Web Site; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Inland American server through hacking, password mining or any other means.
User IDs/Passwords
Use of certain features on the Inland American Web Site might be limited and/or require registration. Inland American will review and determine, in Inland's sole discretion, whether to accept your registration. Inland American shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Inland American Web Site(s) at any time for any reason. Upon acceptance of your registration by Inland, you will be given your user ID and password (collectively "Password") for access to and use of the applicable portion of the Inland American Web Site.
Inland American reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Inland American immediately about any unauthorized use of your Password or any breach of security. You further agree that Inland American shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Inland.
Charges and Payment
In certain instances, Inland American may charge a user, subscription or other fee. In those instances where a fee may be charged, Inland American will notify you of the fee prior to your incursion of charges.
Disclaimer
THIS INLAND AMERICAN WEB SITE IS PROVIDED BY INLAND AMERICAN ON AN "AS IS" AND "AS AVAILABLE" BASIS. INLAND AMERICAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS INLAND AMERICAN WEB SITE OR THE INFORMATION INCLUDED ON SUCH INLAND AMERICAN WEB SITE. INLAND AMERICAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. INLAND AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS INLAND AMERICAN WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INLAND AMERICAN WEB SITE OR THE SERVER THAT MAKES THE INLAND AMERICAN WEB SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. INLAND AMERICAN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS INLAND AMERICAN WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS INLAND AMERICAN WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL INLAND AMERICAN OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS INLAND AMERICAN WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF INLAND AMERICAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT INLAND, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL INLAND AMERICAN BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Inland American Web Site shall be subject to the Inland American Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that this Inland American Web Site(s) contains materials that constitute copyright infringement, please notify Inland American in accordance with our Online Copyright Infringement Notification Policy.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INLAND AMERICAN AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS INLAND AMERICAN WEB SITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Terms and Termination
Inland American shall have the right to terminate your access to, and use of, the Inland American Web Site immediately, if, in its sole discretion, Inland American believes that your conduct fails to conform with this Agreement. Inland American also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Inland American Web Site.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Inland American Web Site(s); and (b) as applicable, pay any amounts owed to Inland American in full within thirty (30) days from the date of such termination.
Applicable Laws This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS INLAND AMERICAN WEB SITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS INLAND AMERICAN WEB SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Miscellaneous The failure of Inland American to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Inland’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Inland American may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Inland’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Forward-Looking Statements
This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which Inland American has no control. Inland American has no obligation to update any forward-looking statement in this Agreement or any incorporated document.
INLAND AMERICAN POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated by you to Inland American through the Inland American Web Site (collectively, the "Submission") will forever be the property of Inland American and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Inland American will not be required to treat any Submissions as confidential (unless required by law or if Inland American has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Inland American operations. Without limitation, Inland American will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Inland American retains the right to review, edit or delete from the Inland American Web Site any Submission which Inland American in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
Email and Other Communications
In connection with your use of the Inland American Web Site, you consent to Inland American recording any communication, electronic or otherwise, between you and Inland American and retaining any information and data you submit while using the Inland American Web Site.
In using the Inland American Web Site, you may be permitted to communicate electronically with Inland American by sending electronic mail to Inland American ; however, you acknowledge and agree that only general information or inquiries may be submitted to Inland American via electronic mail and any other submissions or communications on or through the Inland American Web Site (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Inland American Web Site for such submissions or communications. Please do not send any time-sensitive communications to Inland American via e-mail as Inland American cannot be responsible for responding to any such communications.
Investigations Inland American may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Inland American may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Inland American believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Inland American will fully cooperate with any law enforcement authorities or court order requesting or directing Inland American to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS INLAND AMERICAN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INLAND AMERICAN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INLAND AMERICAN OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the Inland American Web Site contains materials that constitute copyright infringement, please notify our Designated Agent, Robert H. Baum, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement:
Robert H. Baum
Full Address of Designated Agent to which Notification should be Sent:
The Inland Real Estate Group of Companies, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Telephone Number of Designated Agent:
(630) 218-8000
Facsimile Number of Designated Agent:
(630) 218-4900
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
Your address, telephone number and e-mail address;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing the copyrighted work;
A clear description of where the infringing material is located on the Inland American Web Site, including its URL, so that Inland American can locate the material;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
Please read these
privacy terms and conditions carefully. Inland American provides this
web site
subject to the terms and conditions
to which you agree to be bound by accessing this web site. We may make
changes at any time to our web site and to any terms and conditions
pertaining to the use of this web site without notice.
We try to provide
accurate and timely information, but please be aware that the content
of this web site may not always be entirely accurate, complete or current
and may also include technical inaccuracies or typographical errors.
In addition, from time to time changes may be made to the content of
this site without notice. We may change the products, services and
any other information described on this web site at any time. The information
published on this web site is provided as a convenience to visitors
and is provided for informational purposes only. Accordingly, you should
verify all information before relying on it, and all decisions based
on information contained in our web site are your sole responsibility.
All of the information
on this web site, including text, images, graphics and software, is
the property of Inland American, except as otherwise indicated, and
is protected by copyright and other intellectual property laws. In
addition, the collection, arrangement and assembly of content on this
web site are the exclusive property of Inland American and are likewise
protected by copyright and other intellectual property laws. You may
view, download and reprint information and materials contained on this
web site (i) solely for informational purposes and for no other purpose,
and (ii) provided that neither the materials, nor any proprietary notices
therein are modified or altered in any way.
Links to
this web site are not permitted without our written prior consent.
This web site features
trade names, logos and other trademarks and service marks that are
the property of, or are licensed to, Inland American. The web site
may also include trademarks or service marks of third parties. All
of these trademarks are the property of their owners and you agree
not to use or display them in any manner without the prior written
permission of the applicable trademark owner. You also agree not to
use, copy, modify or display any of these marks in any manner likely
to cause confusion or in any manner that disparages or discredits Inland
American or the holder of the marks.
This web site may
contain links to other sites on the Internet. These links are provided
for your convenience. Please note that links to another site do not
constitute Inland American’s approval or endorsement of that
site or its products or advertisements. In no event shall Inland American
be liable, directly or indirectly, to anyone for any damages or losses
arising from or relating to the use of or reliance on any linked third
party site or any link contained on any such site.
Inland American makes
no warranties or representations as to the accuracy or completeness
of the information contained on this web site. This information and
the products and services are provided "as is" and "as
available" without any warranty of any kind, either expressed
or implied. To the full extent permissible by applicable law, Inland
American hereby disclaims all warranties of any kind, including but
not limited to, the implied warranties of merchantability, fitness
for a particular purpose and non-infringement.
Neither Inland American
nor any of its agents, employees or officers, directors or stockholders
shall be liable for any direct, indirect, special, incidental, consequential,
punitive or exemplary damages, including lost profits (even if advised
of the possibility) arising in any way from the information contained
in this web site or any information transmitted via this web site.
Nor is Inland American nor any of its agents, employees or officers,
directors or stockholders liable for any damages or losses that may
be caused to any equipment or other software due to any viruses, defects
or malfunctions in connection with access or use of this web site.
By transmitting information
through this web site, you accept the risk that such information, as
well as any information that we transmit to you, may be intercepted
by third parties. In addition, messages that you send to us by email
may not be secure. We recommend that you do not send any confidential
information to us by email. If you choose to send any confidential
information to us via email, you accept the risk that this information
may be intercepted by a third party.
If you cause a technical
disruption of the site or the systems transmitting the site to you
or others, you agree to be responsible for any or all liabilities,
costs and expenses (including attorney's fees and costs) arising from
that disruption. In addition, you agree to indemnify and hold harmless
Inland American, its subsidiaries, officers, agents and representatives,
and its and their officers and employees, harmless from and against
any and all damages, liabilities, actions, causes of action, suits,
claims, demands, losses, costs and expenses (including reasonable attorney's
fees and court costs) arising from or incurred in connection with your
use of this web site.
The laws of the State
of Illinois govern these terms and conditions and your use of the web
site, and you irrevocably consent to the jurisdiction of the courts
located in Illinois for any action to enforce these terms and conditions
or in connection with your use of this web site. We recognize that
it is possible for you to obtain access to this web site from any jurisdiction
in the world, but we have no practical ability to prevent such access.
This web site has been designed to comply with the laws of the State
of Illinois and the United States. If any material on this web site,
or your use of this web site, is contrary to the laws of the place
where you are when you access it, this web site is not intended for
you, and we ask you to not use the site. You are responsible for informing
yourself of the laws of your jurisdiction and for complying with them.
It is the policy
of Inland American to adhere to all federal, state and local laws that
apply to us and our business activities
Information
for the Investor
Although there are
no guarantees about the stock, before you invest in any security, you
can help protect yourself by being an educated investor. If you are
interested in our stock, we recommend that you read the prospectus,
annual report and 10-K, 10-Q and 8-K reports to the SEC.
Our recent proxy
statements for shareholder meetings also contain important information.
It is also advisable to learn more about us and our industry through
a variety of public materials. Our recent annual reports, 10-K and
10-Q reports and other materials are accessible through this web site.
Other materials we have filed with the SEC are available through its
web site at http://www.sec.gov.
Cautionary
Language Regarding Forward-Looking Statements
Materials in this
web site may contain information that includes or is based upon forwardlooking
statements within the meaning of the Securities Litigation Reform Act
of 1995. Forward-looking statements give our expectations or forecasts
of future events. You can identify these statements by the fact that
they do not relate strictly to historical or current facts. They use
words such as "anticipate," "estimate," "expect," "project," "intend," "plan," " believe," and
other words and terms of similar meaning in connection with a discussion
of future operating or financial performance.
Any or all of our
forward-looking statements here or in other publications may turn out
to be wrong. They can be affected by inaccurate assumptions or by known
or unknown risks and uncertainties. Many such factors will be important
in determining our actual future results. Consequently, no forward-looking
statement can be guaranteed. Our actual results may vary materially,
and there are no guarantees about the performance of our stock.
We undertake no obligation
to correct or update any forward-looking statements, whether as a result
of new information, future events or otherwise. You are advised, however,
to consult any further disclosures we make on related subjects in our
reports to the SEC. In particular, you should read the discussion in
the section entitled "Cautionary Factors That May Affect Future
Results" in our most recent 10-K report to the SEC, as it may
be updated in our subsequent 10-Q and 8-K reports. That discussion
covers certain risks, uncertainties and possibly inaccurate assumptions
that could cause our actual results to differ materially from expected
and historical results. Other factors besides those listed there could
also adversely affect the Company. That discussion is provided as permitted
by the Private Securities Litigation Reform Act of 1995.
Inland American Real
Estate Trust, Inc. 2901 Butterfield Road, Oak Brook, IL 60523 800.826.8228
