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Terms of Use

Last updated March 30, 2016

Welcome to this IRC Retail Centers, Inc. website. Please read the below Terms of Use (the “Terms”) carefully. By using this or any other websites, mobile sites and social media resources of IRC Retail Centers, Inc. (“IRC”), you (the “User”) understand and accept that the services provided via the website, mobile sites and social media resources are governed exclusively by these Terms. By using the Services or website, mobile sites and social media resources, you confirm that you have read and understand the Terms and agree to be bound by them.

  1. Acceptance of Terms

(a) By using this or any other websites, mobile sites, and social media resources of IRC with links to these Terms (the “Site”) in any way, including by using, transmitting, uploading or downloading of any information, including personal or property-related information (the “Services”) or Materials (as defined below) made available or enabled via the Site by IRC or Users of the Site, or merely browsing the Site, you agree to these Terms and the IRC Privacy Policy, which is incorporated herein by reference. “Materials” include any information, data, documents, images, photographs or graphics, including any and all property- or real estate-related information or data, and IRC products, in each case as made available or enabled by IRC or Users of the Site.

(b) You may not use the Site or Services, or accept these Terms, if (i) you are not of legal age to form a binding contract with IRC, or (ii) you are prohibited by law from receiving or using the Site or Services.

(c) IRC may make certain Services and Materials available only if you have provided IRC with certain Personal Information (as that term is defined in the IRC Privacy Policy) or other such information as may be requested.

(d) Please note that IRC may change the Terms from time to time at its sole discretion. When such changes are made, IRC will make a new copy of the Terms available on the Site. IRC reserves the right to amend and update the Terms without notice to you. Your continued use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site at the time of such use. Please check the Site regularly to view the current Terms.

  1. Use of Site, Services and Materials

(a) By using the Site, you agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.

(b) IRC has no obligation or duty to store, post, reproduce, or otherwise use any Materials that you upload, post, e-mail, transmit or otherwise make available through your use of the Site or via the Services (“Your Content”). IRC has no responsibility or liability for the removal or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. You agree that IRC retains the right to create reasonable limits on IRC’s use of the Materials, including Your Content, and similar limits described in web pages accompanying the Services and as otherwise determined by IRC in its sole discretion.

(c) You agree to use the Services and the Materials only for purposes permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the transfer, use or storage of Materials) (“Law”).

(d) You may be a tenant of IRC or its affiliates and subsidiaries (a “Tenant”). All Tenant submissions to the Site or Content you make available shall be governed under the terms of your separately executed lease between you and IRC or its affiliates and subsidiaries (the “Lease”) as supplemented by these Terms. In the event of a conflict between your Lease and these Terms, the terms of your Lease shall prevail. Neither these Terms, the IRC Privacy Policy, nor any statements, representations, warranties or other communication on or through the Site shall modify, amend, or alter the Lease in any manner. Nothing on our Site shall be deemed an offer to contract by IRC, and any submissions, proposals, requests or offers made to you through this Site shall be binding on IRC only to the extent IRC agrees in writing by a separately executed instrument.

  1. Ownership

(a) The Site, Services and Materials, and their selection and arrangement (the Site’s “Look and Feel”), are protected and/or protectable by copyright, trademark, trade dress, patent, trade secret, unfair competition and other intellectual property and proprietary rights (the “IP Rights”). Except as expressly provided in these Terms, IRC does not grant any express or implied rights to use the Site, Services and Materials.

(b) The trademarks, logos, and service marks displayed on the Site (the “Marks”) are the property of IRC or third parties. You are not permitted to use the Marks without the prior, express written consent of IRC or the third party that owns the applicable Marks. The Inland name and logo are registered trademarks used under license. You are not granted any right to use, reproduce or display any IRC Marks or third party marks without the owner’s express, prior written consent.

  1. Use of IRC Materials and User Content.

(a) Except as otherwise indicated in any applicable additional Terms, IRC hereby grants you a license to view, download and print Materials provided by IRC (“IRC Materials”) and any Materials provided by Users (“User Content”), subject to the following conditions:

(i) You may access and use the IRC Materials and User Content solely for personal, informational, non-commercial and internal purposes, at all times in accordance with the Terms;
(ii) You may not modify or alter the IRC Materials or User Content;
(iii) You may not distribute or sell, rent, lease, license or otherwise make the IRC Materials or User Content available to others; and,
(iv) You may not remove any text, copyright or other proprietary notices contained in the IRC Materials or User content.
(b) IRC reserves the right to revoke the authorization to view, download and print the IRC Materials and User Content at any time, and any such use shall be discontinued by Users immediately upon notice from IRC.

  1. User Conduct

(a) You agree that you, and not IRC, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site (“Make Available”), whether publicly posted or privately transmitted. You assume all rights associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness.

(b) You represent and warrant that, to the extent applicable: (i) you own the IP Rights, or have obtained all necessary permissions from the owners of the IP Rights, to use Your Content in connection with the Site, Services or as otherwise permitted by these Terms; (ii) you have the rights necessary to grant the license and/or sublicense described in these Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in these Terms, including distribution, public displays, public performance and reproduction of Your Content.

(c) You agree not to use, or to encourage or permit others to use, the Site or Services to:

(i) Make Available any Material that is unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) Incite others to commit violence or harm minors in any way;
(iii) Make Available any Materials that you do not have the right to Make Available under any Law or contractual or fiduciary relationship;
(iv) Make Available any material that infringes any IP Rights of any party;
(v) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
(vi) Use the Site, Services or Materials such that it will mislead a User into thinking they are interacting directly with IRC;
(vii) Access or use the Site or Services in any manner that could damage, disable, overburden or impair any IRC server or networks connected to any IRC server;
(viii) Disrupt or interfere with the security of, or otherwise cause harm to, the Site or Services, Materials, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
(ix) Disrupt, interfere with or inhibit any User from using the Site, Services or Materials, or other affiliated or linked sites, Services or Materials; or,
(x) Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Site, the Services or the Materials, use of any Service or Materials, or access to any Service or Materials.

  1. IRC Monitoring

(a) IRC may, in its sole discretion, monitor or review the Services and Materials at any time. IRC shall have the right, in its sole discretion, to remove any of Your Content for any reason, including if it violates the Terms or any Law.

(b) IRC reserves the right to investigate any potential violations of these Terms of which it may become aware, and IRC may at its sole discretion, immediately terminate, to the extent practicable, your license to use the Site, Services or Materials without notice to you. If, as a result of any IRC investigation, IRC believes that criminal activity may have occurred, IRC reserves the right to refer the matter to, and cooperate with, any and all applicable law enforcement authorities.

(c) Except to the extent prohibited by applicable Law, IRC is entitled to disclose any information or Materials, including Your Content or Personal Information, in IRC’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; or (iv) protect the rights, property or personal safety of IRC, its Users or the public, and law enforcement or other government officials, as IRC in its sole discretion believes to be necessary or appropriate.

  1. Use of Your Content

IRC does not claim ownership of Your Content. However, you grant IRC a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials in any format or medium now known or later developed.

  1. Right to Derive Revenue

You agree that IRC may derive revenue and/or other moneys from Your Content that you Make Available via the services without payment to you. For example, IRC may display IRC advertisements or IRC-owned content and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements.

  1. Links to Third Party Sites

The Site, Services and Materials may include links that will take Users to other websites operated by third parties (“Linked Sites”). The Linked Sites are provided by IRC as a convenience and the inclusion of links to Linked Sites does not imply any endorsement by IRC of any Linked Site. IRC has no control over the Linked Sites or the material contained on such Linked Sites, and you agree that IRC is not responsible for the availability or contents of any Linked Sites (including any content or material available on such Linked Sites).

  1. Modification to Site, Services and Materials

IRC may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services or Materials, or any portion thereof, with or without notice to you. You agree that IRC shall not be liable to you for any modification, suspension or discontinuance of the Site, Services or Materials.

  1. Termination

(a) The Terms will continue to apply until terminated by you or IRC as set forth herein. IRC may at any time terminate this agreement with you if:

(i) you have breached any provision of the Terms, or otherwise indicate via your acts an intent do not comply or inability to comply with the Terms;
(ii) IRC is required to do so by any applicable Law;
(iii) the provision of Services to you by IRC, in IRC’s opinion, is no longer commercially viable; or,
(iv) IRC has elected to discontinue the Site, Services or Materials (or any portion thereof).

(b) You agree that all terminations for cause shall be made at IRC’s sole discretion and that IRC shall not be liable to you or any third party for any termination of your access to the Site, Services or Materials, including Your Content.

  1. Disclaimers

(a) THE MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, IRC MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IRC OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(b) IRC FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF ANY MATERIALS OFFERED ON, OR SERVICES OFFERED THROUGH, THE SITE. IRC MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE SITE OTHER THAN AT ITS SOLE DISCRETION. THE MATERIALS CONTAINED ON THE SITE ARE INTENDED FOR INFORMATION PURPOSES ONLY AND UNDER NO CIRCUMSTANCES SHOULD BE CONSIDERED AN OFFER TO SELL OR A SOLICITATION TO BUY ANY COMMODITY OR INVESTMENT. ANY TRADING RECOMMENDATION OR OPINION OR FINANCIAL AND MARKET INFORMATION AND DATA CONTAINED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A STATEMENT OF IRC’S VIEWS OR ANY REPRESENTATION BY IRC THAT IT IS BASED ON INFORMATION IRC BELIEVES TO BE RELIABLE. IRC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THIS INFORMATION. ANY USER RELYING ON INFORMATION CONTAINED ON THIS SITE DOES SO AT THEIR OWN RISK ENTIRELY, AND IRC ACCEPTS NO LIABILITY IN RESPECT THEREOF.
(c) IRC DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. IRC MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

IN NO EVENT WILL IRC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER IRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. International Users

This Site is controlled, operated and administered by IRC from its offices in Oak Brook, Illinois in the United States of America. IRC makes no representation that the Site, Services or Materials are appropriate or available for use at other locations, and access to the Site from jurisdictions where the Site, Services or Materials are illegal is prohibited. IRC reserves the right to block access to the Site, Services or Materials by certain international users. If you access the Site from a location outside the United States, you are responsible for compliance with all local Laws.

  1. Notification of Copyright Infringement

IRC respects the IP Rights of others and expects Users of the Site to do the same. IRC will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the User, where applicable, who posted the content at issue so that he may, where appropriate, make a counter-notification.

  1. Indemnity and Liability

You agree to indemnify and hold IRC and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any IP Rights.

  1. Dispute Resolution

(a) All matters relating to your access to, or use of, the Site, Services or Materials shall be governed by the Laws of the State of Illinois, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against IRC must be resolved by the courts of competent jurisdiction in DuPage County, Illinois except as otherwise agreed by and between the parties. You agree to submit to the personal jurisdiction of the courts located in DuPage County, Illinois for the purpose of litigating such claims or disputes and waive any objection on the grounds of forum nonconveniens.
(b) All claims you bring against IRC must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, IRC may recover attorneys’ fees and costs up to U.S. $1,000, provided that IRC has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
(c) Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Site, Services or Materials in violation of the Terms you agree that IRC shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  1. Forward-Looking Statements

Materials available through the Site may contain “forward-looking statements” within the meaning of the Federal Private Securities Litigation Reform Act of 1995. Forward-looking statements are statements that do not reflect historical facts and instead reflect our management’s intentions, beliefs, expectations, plans or predictions of the future. Forward-looking statements can often be identified by words such as “seek,” “believe,” “expect,” “anticipate,” “intend,” “estimate,” “may,” “will,” “should” and “could.” Examples of forward-looking statements include, but are not limited to, statements that describe or contain information related to matters such as management’s intent, belief or expectation with respect to our financial performance, investment strategy or our portfolio, our ability to address debt maturities, our cash flows, our growth prospects, the value of our assets, our joint venture commitments and the amount and timing of anticipated future cash distributions. Forward-looking statements reflect the intent, belief or expectations of our management based on their knowledge and understanding of the business and industry and their assumptions, beliefs and expectations with respect to the market for commercial real estate, the U.S. economy and other future conditions. These statements are not guarantees of future performance, and investors should not place undue reliance on them. Actual results may differ materially from those expressed or forecasted in forward-looking statements due to a variety of risks, uncertainties and other factors, including but not limited to the factors listed and described under Item 1A ”RiskFactors” on the Inland Real Estate Corporation Form 10K for the year ended December 31, 2015, as filed with the Securities and Exchange Commission (the “SEC”) on February 26, 2016, as they may be revised or supplemented by us in subsequent Reports on Form 10Q and other filings with the SEC. Except as otherwise required by applicable law, the Company disclaims any obligation or undertaking to publicly release any updates or revisions to any forward-looking statement to reflect any change in the Company’s expectations or any change in events, conditions, or circumstances on which any such statement is based.

 

  1. General

 

(a) Any notice provided to IRC pursuant to the Terms should be sent to:

IRC Retail Centers, Inc.

Attn: General Counsel

814 Commerce Dr., Suite 300

Oak Brook, IL 60523

 

(b) These Terms constitute the entire agreement between IRC and you with respect to your access to or use of the Site, Services and Materials and supersede any prior agreements between you and IRC with respect to such subject matter.
(c) If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
(d) Any failure by IRC to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

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