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TERMS AND CONDITIONS OF USE

Modified August 29, 2016

Welcome to the website of Retail Properties of America, Inc. (“RPAI”, “we” or “us”).

Your visit to this website is subject to these terms and conditions of use (“Terms of Use”), the Privacy Policy set forth on our website (“Privacy Policy”), and any other terms and conditions on the website that may govern particular offers or features (“Additional Terms and Conditions,” together with these Terms of Use and the Privacy Policy, form the “Agreement”). Your use of this website constitutes your unconditional agreement to follow and be bound by this Agreement, as may be amended or supplemented from time to time, without prior notice. Your use of this website following any such amendments or supplements constitutes your agreement to be bound by this Agreement, as amended or supplemented. You are responsible for reviewing this Agreement each time you use or access our website. If you do not agree to this Agreement, you are not permitted to use or access this website.

Use

RPAI’s website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all content on the RPAI website is protected by copyrights, trademarks, service marks and/or other intellectual property rights owned, controlled or licensed by RPAI or by third parties who have licensed their materials to RPAI and are protected by U.S. and international intellectual property laws. The compilation of all materials on this RPAI website is the exclusive property of RPAI or its licensors and is protected by U.S. and international copyright laws. RPAI grants you permission to view, download, reproduce, and retransmit information posed on RPAI’s website (“RPAI Information”), subject to the following terms and conditions:

You may download, reproduce and retransmit RPAI Information solely for your personal use or for non-commercial purposes within your organization.
You do not use the RPAI Information in a manner that suggests an association with us.
You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in RPAI Information you download, reproduce or retransmit.
You may not transfer RPAI Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.
RPAI Information may contain or reference trademarks, service marks or other proprietary rights of RPAI and/or other parties, including without limitation, the tenants of our properties. No license to or right in any such trademarks or other proprietary rights of RPAI, its tenants and or other parties is granted to or conferred upon you.
You shall not use or access the RPAI website (i) for any purposes that is unlawful or prohibited by this Agreement, (ii) in a manner that could damage, disable, overburden or impair any RPAI server or the networks connected to any RPAI server, (iii) in a manner that could interfere with any third party’s use and enjoyment of the RPAI website, or (iv) in an attempt to gain unauthorized access to accounts, computer systems or networks connected to any RPAI server through hacking, password mining or other means.

With the exception of the foregoing limited authorization and subject to the terms thereof, RPAI has not granted or conferred to you (i) any license or permission to view, download, reproduce or retransmit information or (ii) any right in any copyright, trademarks, services marks and/or other intellectual property rights of RPAI or of any other party.

Submissions and other Communications
The RPAI website permits submission of information from our investors, tenants, potential tenants and potential transaction counterparts. The terms of this Agreement and the RPAI website govern all submissions. Notwithstanding, in the event you are a tenant and you submit information to RPAI through the RPAI website, all such submissions shall be governed under the terms of and conditions of your lease, as supplemented by this Agreement. In the event of a conflict between your lease and this Agreement, the terms of your lease shall prevail.

In connection with your use of the RPAI website, you consent to RPAI recording any communication, electronic or otherwise, between you and RPAI and retaining any information and data you submit while using the RPAI website.

In using the RPAI website, you may be permitted to communicate electronically with RPAI by sending electronic mail to RPAI; however, you acknowledge and agree that only general information or inquiries may be submitted to RPAI and any other submissions or communications on or through the RPAI website may be submitted only in accordance with the express instructions set forth on the RPAI website for such submissions or communications. Do not send any time-sensitive communications to RPAI through the RPAI website as RPAI cannot be responsible for responding to any such communications.

By transmitting information through the RPAI website, 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. 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.

User IDs/Passwords
Use of certain features on the RPAI website may be limited and/or require registration, including a user name and password. RPAI shall have the right, in its sole discretion, to refuse or restrict anyone from access to the RPAI website, or any features thereof, at any time for any reason. You agree to notify RPAI immediately about any unauthorized use of your password or any breach of security. You further agree that RPAI shall not be responsible for your failure to comply with the terms hereof or any loss or damage arising out of, or related to, the use of your password by you or anyone other than RPAI.

Links

Links to the RPAI website are not permitted without the prior written consent of RPAI. Additionally, RPAI is not affiliated or associated with the sponsors, owners or producers of any third-party web sites linked to or from the RPAI website. These linked sites are provided for your convenience only and are not under the control of RPAI. RPAI explicitly disclaims any responsibility for the accuracy, content or availability of such third-party sites. RPAI 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. In no event shall RPAI 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 such site. If you decide to access any third party website linked to RPAI’s website, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

Solely Intended for United States Users

The RPAI website is controlled, operated and administered by RPAI, which is based within the United States. RPAI makes no representation that materials on the website are appropriate or available for use outside of the United States and access to them from territories or countries where their contents are illegal is prohibited. You may not use this website or export RPAI Information in violation of United States regulations and laws. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.

Termination
RPAI shall have the right to terminate your access to, and use of, the RPAI website and its services, if, in its sole discretion, RPAI believes that your conduct fails to conform with the terms of this Agreement. RPAI also reserves the right to investigate suspected violations of this Agreement.

Disclaimer
THE RPAI WEBSITE IS PROVIDED BY RPAI ON AN “AS IS” AND “AS AVAILABLE” BASIS. RPAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RPAI WEBSITE OR THE INFORMATION INCLUDED ON THE RPAI WEBSITE. RPAI 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. RPAI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE RPAI WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RPAI WEBSITE OR THE SERVER THAT MAKES THE RPAI WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. RPAI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS RPAI WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS RPAI WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability
IN NO EVENT SHALL RPAI, ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, AND INCLUDING DAMAGES CAUSED BY ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS) THAT ARE RELATED TO THE USE OF OR THE INABILITY TO USE THE CONTENT, MATERIALS AND FUNCTION OF THE RPAI WEBSITE OR ANY LINKED WEBSITE, EVEN IF RPAI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RPAI, ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE RPAI WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

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 THE AGREEMENT, THE RPAI WEBSITE OR THE USE OR ACCESS THEREOF SHALL 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 THE RPAI WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous
The failure of RPAI to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit RPAI’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. RPAI 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 RPAI’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.

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