Capital Real Estate Investments, Inc.

CAPITAL REAL ESTATE INVESTMENTS, INC.
WEB SITE TERMS AND CONDITIONS

BY VIEWING AND ACCESSING THIS CAPITAL REAL ESTATE INVESTMENTS, INC. (“Capital Real Estate Investments, Inc.”, “Us”, “Our” or “We”) WEB SITE AT WWW.CAPITAL-REI.COM (THE “SITE”), AND/OR USING ANY OF THE CAPITAL REAL ESTATE INVESTMENTS, INC. PRODUCTS OR SERVICES AVAILABLE VIA THE SITE, YOU (“YOU” OR “YOUR”) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE TERMS OF USE AND YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT (THE “AGREEMENT”), WITHOUT MODIFICATION, INCLUDING ALL DISCLAIMERS, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS THE CONTENT, FEATURES OR FUNCTIONS OF THIS SITE AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY CEASE USE OF THIS SITE.

Capital Real Estate Investments, Inc. reserves the right to modify this Agreement at any time and material changes shall be effective immediately upon posting to this Site. You acknowledge and agree that it is Your responsibility to access this Site from time to time to check for any modifications to this Agreement.

The terms and conditions governing collection and handling of any information You submit while using this Site are contained in a separate Privacy Policy agreement available by clicking here.

AVAILABILITY OF FUNDS

Nothing in this Agreement shall be interpreted as granting You any right whatsoever to participate in any Capital Real Estate Investments, Inc. funds. Capital Real Estate Investments, Inc. investment opportunities are not available to the public and Your ability to participate in such opportunities is solely and exclusively at the discretion of Capital Real Estate Investments, Inc. and is not covered under this Agreement in any manner whatsoever.

LIMITED LICENSE GRANT; REVOCATION OF LICENSE

Subject to the terms and conditions of this Agreement, Capital Real Estate Investments, Inc. grants You a non-exclusive, non-transferable license to access the content on the site for Your own personal purposes while visiting the Site, solely for the purposes of accessing the content, features and functions of the Site in accordance with this agreement. Capital Real Estate Investments, Inc. reserves the right at any time and for any reason it deems sufficient, in its sole discretion, to terminate this Agreement, revoke the licenses granted hereunder, to deny You future access to the Site, or to impose conditions on Your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access.

You may not copy or distribute, nor attempt to copy or distribute, the content or features of the Site. You acknowledge and agree that no licenses are granted to you in the intellectual property in the Site, other than expressly stated above.

RESTRICTIONS ON YOUR USE OF THE SITE

You will not do any of the following while using the Site:

Conduct or promote any illegal activities;
Attempt to reverse engineer or jeopardize the correct functioning of the Site;
Attempt to gain access to secured portions of the Site to which You do not possess access rights;
Upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use any automatic or manual process to harvest information from the Site; or
Impersonate another user.
YOUR INDEMNIFICATION OBLIGATION

Upon Our request, You agree to defend, indemnify, and hold harmless Capital Real Estate Investments, Inc., and our respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of the Site. Capital Real Estate Investments, Inc. reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Capital Real Estate Investments, Inc. in asserting any available defenses.

DISCLAIMERS; LIMITATIONS OF LIABILITY

CONTENT, FEATURES AND FUNCTIONS OF THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND CAPITAL REAL ESTATE INVESTMENTS, INC. MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE SITE, ITS CONTENTS, FEATURES OR FUNCTIONS, FOR ANY PURPOSE. CAPITAL REAL ESTATE INVESTMENTS, INC. DOES NOT WARRANT THAT THE CONTENT, FEATURES AND FUNCTIONS AVAILABLE ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. CAPITAL REAL ESTATE INVESTMENTS, INC. DOES NOT WARRANT THAT ITS HARDWARE OR SOFTWARE OR ANY PORTION THEREOF WILL BE FULLY PROTECTED AGAINST MALFUNCTIONS OR SECURITY BREACHES. YOU SHOULD IN NO WAY RELY ON ANY INFORMATION PROVIDED VIA THE SITE; THE INFORMATION AVAILABLE VIA THE SITE IS NOT CONSIDERED FINANCIAL ADVICE AND IS USED SOLELY AT YOUR OWN RISK. THE INFORMATION AVAILABLE VIA THIS SITE IS NOT GUARANTEED TO BE TIMELY OR UP TO DATE. YOU BEAR SOLE AND EXCLUSIVE RESPONSIBILITY FOR CONDUCTING YOUR OWN RESEARCH WITHOUT RELYING ON THE INFORMATION AVAILABLE VIA THIS SITE. YOU SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON OR IN RELIANCE UPON ANY INFORMATION LEARNED VIA THIS SITE, AND CAPITAL REAL ESTATE INVESTMENTS, INC. DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR SUCH ACTIVITIES UNDER ANY CIRCUMSTANCES.

EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND CAPITAL REAL ESTATE INVESTMENTS, INC., CAPITAL REAL ESTATE INVESTMENTS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND CAPITAL REAL ESTATE INVESTMENTS, INC., IN NO EVENT WILL CAPITAL REAL ESTATE INVESTMENTS, INC. BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE CAPITAL REAL ESTATE INVESTMENTS, INC. SERVICES OR SOFTWARE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF CAPITAL REAL ESTATE INVESTMENTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THE ABOVE LIMITATION IS NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, CAPITAL REAL ESTATE INVESTMENTS, INC. SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

In addition to these terms and conditions, Capital Real Estate Investments, Inc. posts to this Site, from time to time its then-current privacy policies and policies governing acceptable use and of the Site and/or content and services available by clicking here. You agree to abide by all such policies, which Capital Real Estate Investments, Inc. may modify in its discretion, and by all applicable laws and regulations. Changes to such policies are effective when posted to the Site.

MISCELLANEOUS

This license constitutes the entire agreement between Capital Real Estate Investments, Inc. and You with respect to Your rights to access and use the Site. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts of the State of California, and You consent to personal jurisdiction and venue therein. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Capital Real Estate Investments, Inc. as a result of this Agreement or Your use of or access to the Site. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever. You may not assign, sublicense or otherwise transfer any of Your rights hereunder, nor delegate any of Your duties hereunder. Capital Real Estate Investments, Inc. may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to You. The headings in this Agreement are inserted merely for the purpose of convenience and shall not affect the meaning or interpretation of this Agreement. No waiver by Capital Real Estate Investments, Inc. under this Agreement shall be valid or binding unless set forth in writing and duly executed by Capital Real Estate Investments, Inc.. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of Capital Real Estate Investments, Inc. in any other respect or at any other time. Any delay or forbearance by Capital Real Estate Investments, Inc. in exercising any right hereunder shall not be deemed a waiver of that right. The Parties to this Agreement are independent contractors. Except as otherwise expressly provided herein, nothing herein creates any joint venture, partnership, agency, employment, fiduciary or other relationship between the parties, and neither party is authorized to make contracts or commitments in the name of or on behalf of the other without the other party's prior written approval.