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Terms of Use

USE & ACCEPTANCE

Thank you for visiting our Web site. Please read these Terms of Use carefully. By accessing this Web site, you acknowledge and agree to all of the terms, conditions, notices and disclaimers contained herein and in our Privacy Policy and Internet Privacy Policy, which is incorporated herein by reference.

OWNERSHIP

The CNL Financial Group, Inc., is one of the nation’s largest privately held real estate investment and development companies. Headquartered in Orlando, Florida, CNL is a sponsor of a wide array of investment products. The intellectual property, including but not limited to, the trade name, trade mark, domain name and Web site contents are owned by CNL Intellectual Properties, Inc., and maintained by CNL Financial Group, Inc. Use of this intellectual property herein has been granted under license agreement between the parties. As such, for purposes of this Use & Acceptance Policy, CNL Financial Group, Inc., and CNL Intellectual Properties, Inc., together with their subsidiaries and affiliates shall be collectively referred to as “CNL”.

MODIFICATION

CNL may update and change these Terms of Use and/or the Privacy Policies from time to time without prior notice to you. All such changes will be posted on this Web site. You must review these Terms of Use and the Privacy Policies each time you use this Web site to confirm that you still agree to abide by the terms of each. You agree that by using this Web site after changes have been made to these Terms of Use and/or the Privacy Policies you are agreeing to be bound by such changes.

CNL PRODUCTS & SERVICES

The products and services for which information or investment information access is included on this Web site may be offered by CNL or any of its affiliates. These products and services may change at any time and may not be available in all geographic areas.

GENERAL TERMS OF USE

You are solely responsible for your use of this Web site, for all use made by others using your user ID and password, and for ensuring that such use is in full compliance with these Terms of Use. The information published on, and where applicable the investment information access provided through, this Web site are provided to visitors, registered representatives and CNL investors as a convenience and for informational purposes only. CNL does not represent that the information contained on this Web site is the most current information available nor that such information is necessarily complete. Therefore you should not rely on the information contained on this Web site when making decisions. All decisions based on information published on this Web site are your sole responsibility.

LINKS TO OTHER WEB SITES

For your convenience, this Web site may contain links to other Web sites not operated by or affiliated with CNL. CNL does not endorse or control such linked Web sites, and is therefore not responsible for any information contained on those Web sites. Accordingly, CNL will not be liable, directly or indirectly, for any damages resulting from the use or reliance on information or advertisements contained in a linked Web site.

COPYRIGHTS & TRADEMARKS

CNL is the owner and/or authorized user of all intellectual property rights in all materials used herein (including information and compilations of data, artwork, text, video, audio, images, or pictures and the arrangement thereof - collectively, the "Content"). Content may not be copied, distributed or transmitted in any manner without the prior written consent of CNL. You may download, print and store copies of the Content for personal, non-commercial use, provided that you do not modify or alter the Content in any way, nor delete or change any copyright or trademark notice. You acknowledge that some or all of the rights, title and/or interests in and to the products, technology and/or processes described in or used in connection with this Web site may be the subject of other intellectual property rights reserved by CNL or other third parties. Except as expressly provided herein, no license is granted with respect to any intellectual property rights, and all right, title and/or interest in and to the Content and/or any products, technology and/or processes described on this Web site, shall at all times remain the property of CNL, third-parties or its licensors.

The registered and unregistered trademarks, logos and service marks (collectively, the "Trademarks") displayed on this Web site, are trademarks of CNL, its licensors or third parties. Nothing contained on this Web site should be construed as granting any license or right to use any such Trademark without the prior written consent of CNL or the respective third-party owner. You are hereby advised that CNL will aggressively enforce its intellectual property rights, including pursuing all remedies available under civil and criminal law.

The Content of this Web site is protected under the copyright laws of the United States, as well as other intellectual property laws. Reproduction, republishing or copying of the information contained on this Web site, in any form, is prohibited without the prior written consent of CNL and/or its licensors, which can be requested by sending an email to the email address listed in the Contact Us section of this Web site. Please note that any unauthorized entry (commonly known as hacking) into any portion of this Web site may constitute a crime under state and/or federal law. CNL will prosecute these violations to the fullest extent permitted by law. Links to this Web site are strictly prohibited without the prior written consent of CNL.

NO WARRANTIES & LIMITATION OF LIABILITY

THE INFORMATION CONTAINED IN AND THE PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND CNL MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. In addition, this Web site utilizes information prepared by us from internal and external sources, which we believe to be reliable information. However, we do not represent that this information is accurate, complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through this Web site. CNL is not responsible for the content of any off-site pages or other sites linked to the Web site and shall not be liable for any damages or injury arising out of access to or use of the content. Any links to other sites are not intended as referrals or endorsements but are merely provided to the users of the Web site for convenience and informational purposes. CNL makes no representations or warranties that Web site content is applicable to or appropriate for use in locations outside of the United States of America.

CNL cannot and does not guarantee or warrant that the files available for downloading from this Web site and any services will be free from infections or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. In no event shall CNL, its affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents be liable for incidental, consequential, special, direct, indirect, exemplary or punitive damages, including lost profits, that result from or are related to the information published on this Web site (even if CNL has been advised of the possibility and likelihood of such damages). You specifically agree to hold CNL, their affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives and agents harmless and agree that they will not be liable for any damages or losses caused, directly or indirectly, by software failure, system failure, Web site security failure, unauthorized access to this Web site or any other technical problem. Without limiting the generality of the foregoing, neither CNL, nor any other party involved in creating, producing or delivering this Web site shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering investment information or other information presented at this Web site; 2) any errors, omissions or inaccuracies in investment information or other information presented at the Web site regardless of how caused, or delays or interruptions in delivery of the investment information or other information presented at the Web site; 3) any decision made or action taken or not taken in reliance upon the investment information or other information presented at the Web site; 4) any damages or injury resulting from your access to this Web site, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this Internet site; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the Web site.

PROHIBITED USES; USER LIABILITY

Because all servers have a limited capacity and are used by many people, this Web site may not be used in a manner that could damage or overburden any CNL server, or any network connected to any CNL server. Furthermore, this Web site may not be used in a manner that would interfere with any other party’s use of this Web site. CNL reserves the right to monitor your use of this Web site and any communications by you related to such use. CNL assumes no liability in connection with its monitoring activities. If your use of this Web site violates any of these Terms of Use or any applicable law, CNL reserves the right to discontinue, restrict, change, limit, or permanently revoke your right to use the services provided on this Web site. You hereby agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees and court costs) arising from any technical disruption of or damage to this Web site (including the software and systems that transmit the Web site) caused directly or indirectly by your use of this Web site.

INDEMNIFICATION

You hereby agree to indemnify and hold CNL, their subsidiaries, affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents harmless from and against any and all damages, liabilities, claims, demands, suits, actions, causes of action, losses, costs and expenses (including attorney's fees and court costs) arising from your use of this Web site, or from your violation of these Terms of Use.

INFORMATION COLLECTED

For information on the privacy practices employed by CNL with respect to the collection, protection and use of information transmitted to our Web site, please review the terms of our Privacy Policies. It is not the responsibility or obligation of CNL to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this Web site. CNL shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this Web site or e-mail.

MULTIPLE PARTY ACCOUNT HOLDERS

If an investment in any CNL entity is held in the name of more than one party (a “multiple party investment”), each named party shall be allowed access to such investment information via this Web site, subject to these Terms of Use. If you are the holder of a multiple party investment and you access information about such investment via this Web site, you hereby warrant that you have informed all other named parties on such investment that you have signed-up for access to the investment information online and that such other named parties have consented to your access to the investment information via this Web site. In addition, you hereby warrant that you and all other named parties on your multiple party investment have agreed that all transmissions concerning your multiple party investment are binding on all named parties on such investment, irrespective of who initiated the transmission. Accordingly, you shall be liable to all other named parties on your multiple party investments for all consequences of any transmissions regarding your multiple party investments. It is not the responsibility or obligation of CNL to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this Web site with all parties named on a multiple party investment. CNL shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this Web site or via e-mail with regard to a multiple party investment.

SECURITIES INFORMATION

The information provided in this Web site does not constitute investment, tax, financial, legal, or other advice. Information received via this Web site should not be relied upon for personal, investment, tax, legal or financial decisions, and prior to the execution of any transaction by you related to any information you have obtained from this Web site or the services, you should consult with your financial, tax and investment advisors and an attorney, or otherwise seek appropriate professional advice tailored to your situation. This site and the services are published solely for informational purposes and are not a solicitation, recommendation, endorsement or offer by CNL or a third party to buy or sell any stock, mutual fund, security, or other financial instrument. The investment information provided on the Web site does not attempt or claim to be a complete description of the securities, markets, or developments referred to in the materials. All expressions of opinion are subject to change without notice. CNL does not undertake to advise anyone via this Web site. CNL, its affiliates, and their respective officers, directors, shareholders, partners, members, employees, representatives or agents may have clients with positions in securities or companies mentioned on this site, and CNL may have business relationships with such companies.

JURISDICTION

The laws of the State of Florida shall govern all matters arising out of the use of this Web site, and by accessing this Web site you irrevocably consent to the jurisdiction of the courts located in Orange County in the State of Florida for any cause of action in connection with your use of this Web site. Should your use of this Web site or the content published on this Web site be contrary to the laws of the jurisdiction from where you access the Web site, then this Web site is not intended for your use, and you should discontinue use of the Web site. You are solely responsible for knowing the laws of your jurisdiction and for assuring your compliance with such laws.

USE OUTSIDE OF THE UNITED STATES; LIMITED AVAILABILITY

Not all products or services described on this site may be available to all persons or entities or in all jurisdictions. This site was created in the United States and complies with local United States laws. This site and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this site is not provided for and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.

SEVERABILITY

If a court determines any provision of these Terms of Use to be illegal or unenforceable, then such portion will be eliminated or enforced to the maximum extent possible, and the remaining Terms of Use will remain in full force and effect.

ARBITRATION

You agree that CNL, at its sole discretion, may require you to submit any disputes arising from the use of this Web site, the services, and/or these Terms of Use concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Florida as set forth herein. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

ENTIRE AGREEMENT

These Terms of Use and Privacy Policies constitute your entire agreement with CNL regarding this Web site and its services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CNL with respect to this Web site or any services offered on or through such Web site.