Conditions of Use
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY
Welcome to the Web Site for Excel Trust, Inc. ("Excel Trust") By using the web pages hosted by Excel Trust and its subsidiaries, you agree to all of the terms and conditions outlined herein. If you do not agree with these Conditions of Use, please do not use the Excel Trust web site ("Site").
Excel Trust reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Conditions of Use, in whole or in part, at any time by posting revised Conditions of Use on the Excel Trust Site. Any change in these Conditions of Use will be effective when such change is posted. Your continued use of the Excel Trust Site after any change to these Conditions of Use are posted will be considered acceptance of that change.
Excel Trust may terminate, change, suspend, or discontinue at any time any part of the Excel Trust Site, including the availability of any features of the Site. Excel Trust also may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Excel Trust may terminate the authorization, rights and license granted in these Conditions of Use.
Copyright and Trademarks
The Site is owned and operated by Excel Trust. Unless otherwise specified, all materials appearing on this Site are the property of Excel Trust, our content providers or our business partners. Except as otherwise expressly permitted on the Site, you may only view, download, print and retain a copy of pages of this Site provided that (1) your use of such information from this Site is for your informational, personal and non-commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, disclaimers, copyright and trademark notices contained therein, and (4) no modifications of such information shall be made. Except as otherwise expressly permitted on the Site, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit or distribute any information from this Site in whole or in part without our prior written permission. All rights not expressly granted herein are reserved.
Securities of Excel Trust
Excel Trust is not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Excel Trust. If you decide to use any material available on this Site in assessing whether to buy or sell securities of Excel Trust, please be aware that the material on this Site reflects past performance and historical information only and that such performance and information is not necessarily an indication of future performance.
Forward Looking Statements
Excel Trust cautions you that statements included in this Site that are not a description of historical facts may be forward-looking statements. This inclusion of forward-looking statements should not be regarded as a representation by Excel Trust that any of its plans will be achieved. Actual results may differ materially from those set forth in this Site due to the risks and uncertainties inherent in Excel Trust's business. All forward-looking statements are qualified in their entirety by the cautionary statements made in such filings and Excel Trust undertakes no obligation to revise or update this Site to reflect events or circumstances after information is posted on this Site.
While we endeavor to provide accurate and up to date information, the information contained in this site may, at times, contain inaccuracies or typographical errors, and may be changed or updated without notice. We do not guarantee that the information provided through this site will be accurate or up-to-date. We do not warrant that this site will be uninterrupted, secure or error-free, that errors or defects will be corrected or that this site or the server making it available are free of viruses or other harmful components. You assume all responsibility for protecting yourself by using anti-virus programs and backing up important applications and data.
This site and the content on this site are provided by us on an ""as-is"" basis. To the fullest extent permissible by applicable law, we disclaim all representations and warranties of any kind, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties as set forth above, such exclusions and limitations may not apply to you.
Limitation of Liability
Your use of this site is at your own risk. to the fullest extent permissible under applicable law, excel trust, its affiliates and their officers, directors, employees or agents shall not be liable to you or any other person under any contract, tort, strict liability or other legal theory for any damages of any kind relating to the contents of this site, your use of this site or your reliance on information contained on this site, including, but not limited to, special, indirect, consequential or punitive damages, even if we have been advised of the possibility of such damages. Because some jurisdictions do not permit the limitation of liability as set forth above, such exclusions and limitations may not apply to you
This Site may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors or other third parties. Clicking on such a link to a third party site will cause you to leave this Site. The third party sites are not controlled by us and we are not responsible for the content of any third party site or any link contained in any third party site. We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. We are not responsible for Webcasting or any other form of transmission received from any third party linked site. All third party links are provided to you as a convenience and the inclusion of any third party link does not imply endorsement by us of the third party site. By using this Site to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Site to link to a third party site.
Third Party Content
Certain content from third parties may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of such content.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend your access to this Site and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Conditions of Use could subject you to criminal or civil penalties.
User Responsibilities, Communications, Feedback, and Submissions
You agree not to use this Site or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding this Site, but under no circumstances should you send us any financial or sensitive personal information. In addition, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this Site or otherwise (collectively, "Submissions") are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission.
Termination of Usage
We may terminate or suspend your access to all or part of this Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Site or is in violation of any applicable law or these Conditions of Use.
The laws applicable to the interpretation of these Conditions of Use shall be the federal law of the United States and the laws of the State of California, without regard to any conflict of law provisions. We make no representation that the content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
You agree that any action at law or in equity arising out of or relating to these Conditions of Use shall be filed only in the state or federal courts of San Diego County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Conditions of Use may be brought by either party more than one year after the cause of action has occurred.
Please feel free to contact us to regarding this Site or to resolve a complaint regarding any aspect of content or service relating to this Site as set forth below.
How to Contact Us:
17140 Bernardo Center Drive, Suite 300
San Diego CA 92128