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Terms Of Usage
Securities Law and Offerings
Please consult your tax
and/or your financial advisor for more information on how these products pertain
to your particular investment strategy.
This Web site may contain forward-looking statements, within the meaning of
Section 27A of the Securities Act of 1933 and 21E of the Securities Exchange Act
of 1934, including discussion and analysis of the financial condition of the
certain issuers of securities, anticipated capital expenditures required to
complete certain projects, amounts of anticipated cash distributions to
investors in the future and certain other matters. Readers of this Web site
should be aware that there are various factors that could cause actual results
to differ materially from any such forward-looking statements, which include
changes in general economic conditions, changes in real estate conditions,
construction costs which may exceed estimates, construction delays, increases in
interest rates, lease-up risks, inability to obtain new tenants to fill vacant
of vacated space, and the potential need to fund tenant improvements or other
capital expenditures out of operating cash flow in excess of any reserves
therefore.
For more information about American Realty Capital Trust, Inc (American
Realty Capital) investments, including investment policies, charges, and
expenses, ask your financial advisor for a free prospectus, click here to view
or download a prospectus, or call 1-212-415-6500. Please read any such
prospectus carefully before you invest or send money. There can be no assurance
that the objectives of any American Realty Capital investment stated in this
presentation will be achieved. The share or unit values of the American Realty
Capital funds will fluctuate based on the values of the underlying properties
and there is no guarantee that past performance will be the same as future
results. There is no assurance that a secondary market will exist for American
Realty Capital funds or securities.
Not an Offer to Sell Securities
The material in this Web
site does not constitute an offer to sell, nor a solicitation of an offer to buy
the securities described herein. Such an offering is made only by means of a
prospectus. This material must be read in conjunction with the prospectus in
order to understand fully all the implications and risks of any offering of
securities to which it relates.
Risks and Suitability
The material on this Web site does
not constitute an offer to sell, nor a solicitation of an offer to buy the
securities described herein. Such an offering is made only by means of a
prospectus. Therefore, this material must be read in conjunction with the
prospectus in order to understand fully all the implications and risks of any
offering of securities to which it relates. To obtain a paper copy of the
prospectus free of charge, call 1-212-415-6500.
An investment in securities of American Realty Capital funds is subject to
significant risks that are described in more detail in the "Risk Factors" and
"Conflicts of Interest" sections of the prospectus. Investments in American
Realty Capital funds are not suitable for all investors. Refer to the applicable
prospectus, as amended, for a detailed discussion of risks and suitability
standards for your state. An investment in American Realty Trust, Inc. REIT.
(“REIT”) involves significant risks, including the following
- Our advisor and its affiliates will face conflicts of interest, including
significant conflicts among us and our advisor, since (i) our principal
executive officers own a majority interest in our advisor, our dealer manager
and our property manager, (ii) our advisor and other affiliated entities may
compete with us and acquire properties suitable to our investment objectives,
and (iii) our advisor’s compensation arrangements with us and other American
Realty Capital-sponsored programs may provide incentives that are not aligned
with the interests of our stockholders.
- We have no operating history, nor do we currently own any properties. This
is considered a blind pool offering since we have not identified any
properties to acquire with the proceeds of this offering. As a result, you
will be unable to evaluate the economic merit of all of our future investments
prior to our making them and there may be a substantial delay in receiving a
return, if any, on your investment.
- You may not own more than 9.8% in value of the outstanding shares of our
common stock or more than 9.8% of the number or value of any class or series
of our outstanding shares of stock. Therefore, your ability to control the
direction of our company will be limited.
- No public market currently exists for our shares of common stock and one
may never exist. If you are able to sell your shares, you would likely have to
sell them at a substantial discount from their public offering price.
- This is a best efforts offering and we might not sell all of the shares
being offered. If we raise substantially less than the maximum offering, we
may not be able to invest in a diverse portfolio of properties, and the value
of your investment may vary more widely with the performance of specific
properties. There is a greater risk that you will lose money in your
investment if we cannot diversify our portfolio of investments by geographic
location, tenant mix and property type.
- We may incur substantial debt, which could hinder our ability to pay
distributions to our stockholders or could decrease the value of your
investment in the event that income on, or the value of, the property securing
the debt falls.
- Until the proceeds from this offering are invested and generating
operating cash flow sufficient to make distributions to our stockholders, we
intend to pay all or a substantial portion of our distributions from the
proceeds of this offering or from borrowings in anticipation of future cash
flow, which may constitute a return of your capital, reduce the amount of
capital we ultimately invest in properties, and negatively impact the value of
your investment.
- If we fail to continue to qualify as a REIT for federal income tax
purposes or if we qualify and subsequently lose our REIT status, our
operations and ability to make distributions to our stockholders would be
adversely affected.
- We are dependent on our advisor to select investments and conduct our
operations. Adverse changes in the financial condition of our advisor or our
relationship with our advisor could adversely affect us.
- We will pay substantial fees and expenses to our advisor, its affiliates
and participating broker-dealers, which payments increase the risk that you
will not earn a profit on your investment.
- Our board of directors has the authority to designate and issue one or
more classes or series of preferred stock without stockholder approval, with
rights and preferences senior to the rights of holders of common stock,
including rights to payment of distributions. If we issue any preferred
shares, the amount of funds available for the payment of distributions on the
common stock could be reduced or eliminated.
AMERICAN REALTY CAPITAL WEB SITE TERMS AND CONDITIONS
American Realty Capital Trust, Inc a Maryland, also known as American Realty
Capital, makes this Web site (defined below) available to you for your
information and as background for the products and services of American Realty
Capital and its parent companies, subsidiaries, affiliates and affiliated funds
(collectively, the "American Realty Capital Entities"), subject to the following
terms and conditions: This Web site is offered by American Realty Capital as a
convenience to: (1) users of the Web site; (2) a variety of legally and
financially separate Entities that make up the American Realty Capital Entities
which may be either parent companies or subsidiaries of the same Entities,
affiliates of each other or share common ownership; and (3) legally and
financially separate Entities that: (i) were or are sponsored or advised by one
of the American Realty Capital Entities; or (ii) have some common ownership with
one or more of the American Realty Capital Entities from time to time may
maintain business relations with any of the American Realty Capital Entities.
Most of the Entities within described above are licensed to use the names
American Realty Capital, LLC, American Realty Capital, and/or ARC and related
logos. Each American Realty Capital Entity and each other Entity described above
is a separate legal Entities and no legal or financial relationship is to be
implied between or among any Entities on the Web site within American Realty
Capital Entities or such other Entities. By accessing the information through
the Web site made available at http://www.americanrealtycap.com ("Web site") and
other domains registered and used by American Realty Capital Entities, you agree
on behalf of yourself, and any and all persons, companies and legal Entities
("your principals") that you represent, if any, and any and all employees and
agents thereof (collectively, "you" and "your") that you have read and agree to
use the Web site in accordance with these Web site terms and conditions ("Terms
and Conditions") and the Web site Customer Privacy Policy available for viewing
on the Web site and hereby incorporated by reference. Your continued use of the
Web site means that you agree that these Terms and Conditions legally bind you
in the same manner that a signed, written, non-electronic contract does. You
should not use the Web site in any manner or attempt to access the Site if you
are not willing to be bound and abide by these Site Terms and Conditions. Your
continued use of the Web site also means that you represent and warrant that you
are able to enter into legally binding contracts and that you are authorized by
your principals, if any, to (i) use the Web site; and (ii) to agree to these
Terms and Conditions as a legally binding contract on behalf of you and your
company (or legal Entities, as applicable). For purposes of the Terms and
Conditions, the term "Web site" includes without limitation those parts of the
Web site that you can access based on your account with the Web site, if any,
including without limitation the publicly available content, materials and
information, and any portion thereof, and any other information or materials
that may be available to you if you have created an account with the Web site
(collectively, "Content").
1. LICENSE TO THE CONTENT. American Realty Capital grants
you a limited, nonexclusive, nontransferable license during the Term (defined
below) to access the Web site solely to display the Content for informational
purposes only and to print and/or save copies of the Content with or on your
personal computer, solely for your use in obtaining information regarding the
American Realty Capital Entities. Any other use of the Content or the Web site
is expressly prohibited. All other rights in the Content and the Web site are
reserved by American Realty Capital and its licensors. American Realty Capital
reserves all rights in the Web site and you agree these Terms and Conditions do
not grant you any rights in or licenses to the Web site, except for this
express, limited license. You will not otherwise copy, transmit, distribute,
sell, license, de-compile, reverse engineer, disassemble, modify, publish,
participate in the transfer or sale of, create derivative works from, perform,
display, incorporate into another Web site, or in any other way exploit any of
the Content or any other part of the Web site or any derivative works thereof,
in whole or in part for commercial or non-commercial purposes without the
express prior written permission of American Realty Capital. Without limiting
the foregoing, you will not frame or display the Web site (or any part of the
Web site) as part of any Web site or any other work of authorship without the
express prior written permission of American Realty Capital.
2. PRODUCTS AND SERVICES. The information regarding the
American Realty Capital Entities provided on the Web site may change at any
time. In addition, eligibility or suitability requirements may apply for access
to this information or any transaction with or regarding the American Realty
Capital Entities and they may not be available in all geographic areas.
3. WEB SITE ACCURACY. Although American Realty Capital has
tried to provide accurate and timely information on the Web site, please be
aware that the Web site (including without limitation the Content) may not
always be entirely accurate, complete or current and may also include technical
inaccuracies or typographical errors. The information published on the 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 the Web site are your
sole responsibility and American Realty Capital shall have no liability for such
decisions. If you need specific details about any information contained in our
Web site, you should contact American Realty Capital as provided in the "Contact
Us" section of the Web site. Photographs on this Web site are for illustrative
purposes only. Investors in American Realty Capital Trust, Inc. may not acquire
an interest in any of these properties.
4. WEB SITE RESTRICTIONS. As a condition of your use of the
Web site, you represent and warrant that you shall not use the Web site for any
purpose that is unlawful or that is prohibited by these Terms and Conditions.
You will not submit any false, misleading or inaccurate information to the Web
site. You will abide by all applicable local, state, national and international
laws and regulations and you shall be solely responsible and liable for all of
your acts or omissions that occur while you use the Web site. By ways of
example, and not as a limitation, you will not use the Web site to: (a) Defame,
abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights
(such as, but not limited to, rights of privacy, publicity and intellectual
property) of others; (b) Publish, distribute or disseminate any harmful,
inappropriate, profane, vulgar, infringing, obscene, tortious, indecent, immoral
or otherwise objectionable material or information; (c) Transmit or upload any
material to the Web site that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs; (d) Interfere
with or disrupt the Web site networks or servers; (e) Harvest or otherwise
collect information from the Web site about others, including without limitation
email addresses, without proper consent; (f) Use the account, login
identification, or password of another party to access the Web site; (g)
Otherwise attempt to gain unauthorized access to the Web site, other accounts,
computer systems or networks connected to the Web site, through password mining
or any other means; or (h) Interfere with another individual’s or Entity’s use
or enjoyment of the Web site. American Realty Capital has no obligation to
monitor your use of the Web site or retain the content of any of your sessions
on the Web site. By transmitting information through the 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 e-mail may not be secure. We recommend that you do not send any
confidential information to us by e-mail. If you choose to send any confidential
information to us via e-mail, you accept the risk that this information may be
intercepted by a third party. American Realty Capital reserves the right at all
times to monitor, review, retain and/or disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request or
as otherwise may be legally permissible.
5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, AMERICAN REALTY CAPITAL AND THE OTHER AMERICAN REALTY CAPITAL
ENTITIES) EXPRESSLY DISCLAIM ALL WEB SITE WARRANTIES OF ANY KIND, INCLUDING
WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH
THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING, OR TRADE USAGE. NO MATERIALS OR OTHER ADVICE OR
INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH
THE WEB SITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN
THESE TERMS AND CONDITIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS.”
6. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, YOU AGREE THAT AMERICAN REALTY CAPITAL AND ALL OF THE
AMERICAN REALTY CAPITAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
MANAGERS, ADVISORY BOARD MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS (INCLUDING
WITHOUT LIMITATION ANY BROKER DEALER ENTITIES THAT PROVIDE PRODUCTS OR SERVICES
FOR YOU ARISING OUT OF, OR SEPARATE FROM, YOUR USE OF THE WEB SITE)
(COLLECTIVELY, “AMERICAN REALTY CAPITAL PARTIES”) SHALL NOT HAVE ANY LIABILITY
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES THAT ARISE OUT OF OR RELATE TO THE WEB SITE OR THESE TERMS AND
CONDITIONS. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE AMERICAN
REALTY CAPITAL PARTIES FOR DAMAGES OF ANY TYPE, EXPENSES OR LOSSES UNDER ANY
CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO
THESE TERMS AND CONDITIONS OR THE WEB SITE EXCEED FIVE HUNDRED DOLLARS ($500).
THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE
CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING IS BASED IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER AMERICAN
REALTY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF THE APPLICABLE DAMAGES. AS
SUCH YOU ARE ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES
EVEN TO ANY NEGLIGENCE OF THE AMERICAN REALTY CAPITAL PARTIES.
7. LINKS WITH OTHER WEB SITES. American Realty Capital may
provide links to other Web sites or resources (“Linked Sites”). You acknowledge
and agree that American Realty Capital has no control over and is not
responsible for the Linked Sites. American Realty Capital’s reference to or use
of tangible or intangible property, a product, service, or process does not
imply American Realty Capital’s recommendation, approval, affiliation, or
sponsorship of that respective property, product, service, or process. You agree
that the American Realty Capital Parties shall not be responsible or liable,
directly or indirectly, for any damage or loss arising out of or relating to the
Linked Sites, including without limitation content, property, goods or services
available on the Linked Sites. Links to the Web site are not permitted without
the express prior permission of American Realty Capital.
8. INDEMNIFICATION. You agree to defend, indemnify, and hold
the American Realty Capital Entities harmless from any and all damages, costs
and expenses, including without limitation reasonable attorneys' fees, arising
out or relating to any and all third party claims, demands or allegations
arising out of or relating to your use of the Web site, including without
limitation arising out of or relating to your violation of the Terms and
Conditions, any applicable laws, or your violation of any rights of a third
party.
9. MODIFICATIONS. American Realty Capital may change the
Terms and Conditions from time to time. American Realty Capital will require
your assent to the revised Terms and Conditions. If you do not provide such an
assent, such as through clicking the applicable "I Agree" button, among other
methods, then your use of the Web site will terminate in accordance with Section
12 below. American Realty Capital reserves the right to modify or temporarily
discontinue your access to the Web site or parts thereof, with or without notice
to you. You agree that American Realty Capital shall not be liable to you or any
third-party for any modification to the Web site or your access to the Web site.
10. INTERNET ACCESS. To use the Web site, you must at no
cost to American Realty Capital: (a) provide for your own access to the World
Wide Web and pay any service fees associated with such access; (b) provide all
equipment necessary for you to make such connection to the World Wide Web,
including without limitation a computer and modem or broadband Internet
connection.
11. INFORMATION RELATING TO FUND SECURITIES. Certain of the
information contained in the Web site relates to American Realty Capital Trust,
Inc., (the "Affiliate Fund") who have made or currently make public offerings of
their securities. Securities of available Affiliate Fund are offered by Realty
Capital Securities, LLC as Dealer Manager, [PENDINGwhich is a Member of the NASD
and SIPC.] Unless otherwise expressly stated, the properties depicted on the Web
site are for illustrative purposes and are not owned, or intended to be
acquired, by any of the Affiliate Fund. Except as otherwise disclosed in their
respective prospectuses as amended, the Affiliate Fund have not yet identified
any properties for acquisition. There can be no assurance the funds' investment
objectives will be achieved. A copy of the current version of each of the
available Affiliate Fund's prospectuses is available on the Web site. For those
considering an investment in the Affiliate Fund the Web site must be read in
conjunction with the applicable prospectus in order to fully understand all the
implications and risks of the respective offering of the securities to which it
relates. For additional prospectuses, please call American Realty Capital Trust,
Inc at 1-212-415-6500. An investment in the securities of the Affiliate
Fund is subject to substantial risks. These risks include absence of a public
market for these securities, lack of an operating history, absence of properties
identified for acquisition, limited transferability and lack of liquidity,
possibility of substantial delay before distributions are made, reliance on the
fund's general partners or advisor, payment of significant fees to the general
partners or advisor and their affiliates, potential conflicts of interest, and
lack of diversification in property holdings until significant funds have been
raised. An investment in the securities of the Affiliate Fund is not suitable
for all investors. Refer to the applicable prospectus for a more detailed
discussion of risks. This Web site is neither an offer to sell nor the
solicitation of an offer to buy any security, which can be made only by the
prospectus, filed or registered with appropriate state and federal regulatory
agencies, and sold by broker/dealers authorized to do so. No regulatory agency
has passed on or endorsed the merits of this offering. Any representation to the
contrary is unlawful. Consult the prospectus and subscription document for
suitability standards in your state. NEITHER THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK NOR ANY OTHER STATE HAS PASSED ON OR ENDORSED THE MERITS OF ANY
OFFERING OF AMERICAN REALTY CAPITAL FUND SECURITIES. ANY REPRESENTATION TO THE
CONTRARY IS UNLAWFUL.
12. TERMINATION. The term ("Term") of these Terms and
Conditions shall be until either you or American Realty Capital terminates your
Web site account, with or without cause at any time and effective immediately.
American Realty Capital may additionally, in its sole discretion, immediately
terminate these Terms and Conditions should you fail to adhere to these Terms
and Conditions. You agree that the American Realty Capital Entities shall not be
liable to you or any third party for termination of these Terms and Conditions.
Should you object to any terms or conditions of these Terms and Conditions or
any subsequent modifications to these Terms and Conditions or become
dissatisfied with the any part of the Web site in any way, your sole and
exclusive remedy is to immediately: (1) terminate use of the Web site; and (2)
notify American Realty Capital in writing of your termination of your agreement
to these Terms and Conditions. Upon expiration of the Term or termination of
these Terms and Conditions, your license rights to the Web site immediately
cease. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18
will survive and remain in full force and effect after termination.
13. ARBITRATION. You agree with American Realty Capital that
any dispute arising in connection with these Terms and Conditions or the
performance of any party under these Terms and Conditions or otherwise relating
to these Terms and Conditions shall be shall be referred to binding arbitration
in New York, New York, in accordance with the rules of the American Arbitration
Association by a panel of three arbitrators. Each of the parties shall name one
arbitrator. The third arbitrator shall be selected by the two named arbitrators
from the list of the current active members of the American Arbitration
Association. The arbitration shall be binding, final, not appealable,
enforceable and in lieu of any right to sue or seek other arbitration in any
court or tribunal. Notwithstanding the foregoing, either you or any of the
American Realty Capital Entities shall be entitled to apply to any court of
competent jurisdiction for a temporary restraining order, preliminary
injunction, permanent injunction or other equitable relief, without breach of
this arbitration provision.
14. EQUITABLE RELIEF. You acknowledge that any use or
threatened use of the Web site or Content in a manner inconsistent with these
Terms and Conditions shall cause immediate irreparable harm to American Realty
Capital and/or the other American Realty Capital Entities for which there is no
adequate remedy at law. Accordingly, you acknowledge and agree that American
Realty Capital and the other American Realty Capital Entities shall be entitled
to immediate and permanent injunctive relief from a court of competent
jurisdiction in the event of any such breach or threatened breach by you. You
agree and stipulate that American Realty Capital and the American Realty Capital
Entities shall be entitled to such injunctive relief without posting a bond or
other security; provided however that if the posting of a bond is a prerequisite
to obtaining injunctive relief, then a bond in the amount of $1000 shall be
sufficient. Nothing contained herein shall limit the right of American Realty
Capital or any other American Realty Capital Entities to any remedies at law,
including without limitation the recovery of damages from you for breach of
these Terms and Conditions, as applicable.
15. ASSIGNMENT. YOU WILL NOT ASSIGN, INCLUDING WITHOUT
LIMITATION BY OPERATION OF LAW, CHANGE OF CONTROL OR OTHERWISE, YOUR RIGHTS OR
LICENSES TO THE WEB SITE PROVIDED UNDER THESE TERMS AND CONDITIONS, EITHER IN
WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF AMERICAN REALTY CAPITAL.
AMERICAN REALTY CAPITAL SHALL HAVE THE RIGHT TO ASSIGN THESE TERMS AND
CONDITIONS. ANY ATTEMPT TO ASSIGN THESE TERMS AND CONDITIONS CONTRARY TO THIS
SECTION WILL BE VOID AND HAVE NO EFFECT.
16. COPYRIGHT AND TRADE NAMES. ALL OF THE INFORMATION ON THE
WEB SITE, INCLUDING TEXT, IMAGES, GRAPHICS AND SOFTWARE, IS THE PROPERTY OF
AMERICAN REALTY CAPITAL, LLC, 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 IS THE EXCLUSIVE PROPERTY
OF AMERICAN REALTY CAPITAL, LLC AND IS 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.
The Web site is Copyright © 2007 American Realty Capital Trust, Inc. All
rights reserved.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, American Realty Capital Trust, Inc
doing business as American Realty Capital designates an agent as described
below, to receive notifications of claimed infringement:
Legal name and address of service provider:
American Realty Capital
Trust, Inc
Name under which service provider does business:
American Realty Capital
Designated Agent:
John Doe
Designated agent's address:
John Doe
ADDRESS
Telephone, fax, and
e-mail address of designated agent:
Telephone: 1-215-XXX-XXXX
Fax:
1-215-XXX-XXXX
email: JOHNDOE@yahoo.com
The Web site features trade names, logos and other trademarks and service
marks that are the property of, or are licensed to, American Realty Capital, LLC
or other American Realty Capital Entities. 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 any
American Realty Capital Entities. Without limitation the following are
proprietary trade names of American Realty Capital Entities owned by American
Realty Capital, LLC: American Realty Capital Trust, Inc.
17. NOTICE. Any notice required or allowed under these Terms
and Conditions shall be deemed properly given and effective upon (a) (i) actual
delivery, if delivery is by hand; (ii) upon receipt by the transmitting party of
confirmation or answer back, if delivery is by telex, telegram or facsimile;
(iii) five (5) days after delivery into the regular mail, postage prepaid by
registered or certified mail, return receipt-requested to the respective party
at the following address; or (b) if you have provided an email address, to you
immediately upon transmittal of an email to such email address: If to you: Such
notice will be sent to you based on the contact information you have submitted
to American Realty Capital. If to American Realty Capital: 405 Park Avenue 15th
Floor New York, NY 10022 ATTENTION: General Counsel FAX: 212-830-1847 or at such
other address as the parties may designate by notice given pursuant to this
clause.
18. GENERAL. THE TERMS AND CONDITIONS AND THE RELATIONSHIP
BETWEEN YOU AND AMERICAN REALTY CAPITAL AND THE OTHER AMERICAN REALTY CAPITAL
ENTITIES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD
TO ITS CONFLICT OF LAW PROVISIONS. Subject to Section 13 (Arbitration), you and
American Realty Capital agree to submit to the non-exclusive jurisdiction of the
courts located within the City of New York, New York, provided that any lawsuits
or other claims brought by you must be brought exclusively within the City of
New York, New York. You hereby consent and submit to the exclusive in personam
jurisdiction of such courts, waive any objection based on forum non conveniens
and waive any objection to venue of any action instituted hereunder to the
extent that an action is brought in the courts identified above. The failure of
American Realty Capital to exercise or enforce any right or provision of the
Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Conditions remain in full
force and effect. The section titles in the Terms and Conditions are for
convenience only and have no legal or contractual effect. American Realty
Capital shall not be liable for delays or failure to make the Web site
(including without limitation the Content) available if due to any cause or
conditions beyond American Realty Capital's reasonable control, including, but
not limited to, delays or failures due to acts of God, acts of civil or military
authority, fire, flood, strikes, wars, failure of the Internet backbone or
shortage of power. American Realty Capital agrees to make the Web site available
hereunder as an independent contractor, and in no event shall the employees
and/or agents of American Realty Capital or any of the other American Realty
Capital Entities be deemed your employees and/or agents. Each party acknowledges
that it is not entering into these Terms and Conditions on the basis of any
representation not expressly contained in the Terms and Conditions. The Terms
and Conditions constitutes the entire agreement between you and American Realty
Capital (and the other American Realty Capital Entities) concerning this subject
matter, and supersedes and cancels any and all prior or contemporaneous
agreements or contracts, whether written or oral.
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