Global
Net Lease Website Terms and Conditions
Last
Updated: September 1, 2023
PLEASE
READ THESE TERMS CAREFULLY BEFORE USING ANY GLOBAL NET LEASE INC.
SERVICES, AS THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS.
IMPORTANT
NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY
AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS, YOU AGREE THAT ALL
DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT
FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED BELOW. YOUR
AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO
COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE
DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES
BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY
ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR
PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
For
information on how Global Net Lease Inc. collects, uses and shares
any personal information, please see our Privacy
Policy. If
you reside outside of the European Economic Area, your acceptance of
these Terms and Conditions constitutes your consent to the processing
activities described in our Privacy
Policy under
the laws of your jurisdiction.
Global
Net Lease Inc. makes this Web site (defined below) available to you
for your information and as background for the products and services
of Global Net Lease and its parent companies, subsidiaries,
affiliates and affiliated funds (collectively, the Global Net Lease
Entities), subject to the following terms and conditions: This Web
site is offered by Global Net Lease as a convenience to: (1) users of
the Web site; (2) a variety of legally and financially separate
Entities that make up the Global Net Lease Entities which may be
either parent companies or subsidiaries of the same Entities,
affiliates of each other or share common ownership; and (3) legally
and financially separate Entities that: (i) were or are sponsored or
advised by one of the Global Net Lease Entities; or (ii) have some
common ownership with one or more of the Global Net Lease Entities
from time to time may maintain business relations with any of the
Global Net Lease Entities. Most of the Entities within described
above are licensed to use the names Global Net Lease and related
logos. Each Global Net Lease Entity and each other Entity described
above is a separate legal Entities and no legal or financial
relationship is to be implied between or among any Entities on the
Web site within Global Net Lease Entities or such other Entities. By
accessing the information through the Web site made available at
http://www.globalnetlease.com (Web site) and other domains registered
and used by Global Net Lease Entities, you agree on behalf of
yourself, and any and all persons, companies and legal Entities (your
principals) that you represent, if any, and any and all employees and
agents thereof (collectively, you and your) that you have read and
agree to use the Web site in accordance with these Web site terms and
conditions (Terms and Conditions) and the Web site Customer Privacy
Policy available for viewing on the Web site and hereby incorporated
by reference. Your continued use of the Web site means that you agree
that these Terms and Conditions legally bind you in the same manner
that a signed, written, non-electronic contract does. You should not
use the Web site in any manner or attempt to access the Site if you
are not willing to be bound and abide by these Site Terms and
Conditions. Your continued use of the Web site also means that you
represent and warrant that you are able to enter into legally binding
contracts and that you are authorized by your principals, if any, to
(i) use the Web site; and (ii) to agree to these Terms and Conditions
as a legally binding contract on behalf of you and your company (or
legal Entities, as applicable). For purposes of the Terms and
Conditions, the term Web site includes without limitation those parts
of the Web site that you can access based on your account with the
Web site, if any, including without limitation the publicly available
content, materials and information, and any portion thereof, and any
other information or materials that may be available to you if you
have created an account with the Web site (collectively, Content).
1.
LICENSE TO THE CONTENT.
Global Net Lease grants you a limited, nonexclusive, nontransferable
license during the Term (defined below) to access the Web site solely
to display the Content for informational purposes only and to print
and/or save copies of the Content with or on your personal computer,
solely for your use in obtaining information regarding the Global Net
Lease Entities. Any other use of the Content or the Web site is
expressly prohibited. All other rights in the Content and the Web
site are reserved by Global Net Lease and its licensors. Global Net
Lease reserves all rights in the Web site and you agree these Terms
and Conditions do not grant you any rights in or licenses to the Web
site, except for this express, limited license. You will not
otherwise copy, transmit, distribute, sell, license, de-compile,
reverse engineer, disassemble, modify, publish, participate in the
transfer or sale of, create derivative works from, perform, display,
incorporate into another Web site, or in any other way exploit any of
the Content or any other part of the Web site or any derivative works
thereof, in whole or in part for commercial or non-commercial
purposes without the express prior written permission of Global Net
Lease. Without limiting the foregoing, you will not frame or display
the Web site (or any part of the Web site) as part of any Web site or
any other work of authorship without the express prior written
permission of Global Net Lease.
2.
PRODUCTS AND SERVICES The
information regarding the Global Net Lease Entities provided on the
Web site may change at any time. In addition, eligibility or
suitability requirements may apply for access to this information or
any transaction with or regarding the Global Net Lease Entities and
they may not be available in all geographic areas.
3.
WEB SITE ACCURACY Although
Global Net Lease has tried to provide accurate and timely information
on the Web site, please be aware that the Web site (including without
limitation the Content) may not always be entirely accurate, complete
or current and may also include technical inaccuracies or
typographical errors. The information published on the Web site is
provided as a convenience to visitors and is provided for
informational purposes only. Accordingly, you should verify all
information before relying on it, and all decisions based on
information contained in the Web site are your sole responsibility
and Global Net Lease shall have no liability for such decisions. If
you need specific details about any information contained in our Web
site, you should contact Global Net Lease as provided in the Contact
Us section of the Web site. Photographs on this Web site are for
illustrative purposes only. Investors in Global Net Lease Entities
may not acquire an interest in any or all of these properties.
4.
WEB SITE RESTRICTIONS. As
a condition of your use of the Web site, you represent and warrant
that you shall not use the Web site for any purpose that is unlawful
or that is prohibited by these Terms and Conditions. You will not
submit any false, misleading or inaccurate information to the Web
site. You will abide by all applicable local, state, national and
international laws and regulations and you shall be solely
responsible and liable for all of your acts or omissions that occur
while you use the Web site. By ways of example, and not as a
limitation, you will not use the Web site to: (a) Defame, abuse,
harass, stalk, threaten or otherwise violate or infringe the legal
rights (such as, but not limited to, rights of privacy, publicity and
intellectual property) of others; (b) Publish, distribute or
disseminate any harmful, inappropriate, profane, vulgar, infringing,
obscene, tortious, indecent, immoral or otherwise objectionable
material or information; (c) Transmit or upload any material to the
Web site that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious programs; (d)
Interfere with or disrupt the Web site networks or servers; (e)
Harvest or otherwise collect information from the Web site about
others, including without limitation email addresses, without proper
consent; (f) Use the account, login identification, or password of
another party to access the Web site; (g) Otherwise attempt to gain
unauthorized access to the Web site, other accounts, computer systems
or networks connected to the Web site, through password mining or any
other means; or (h) Interfere with another individual's or Entity's
use or enjoyment of the Web site. Global Net Lease has no obligation
to monitor your use of the Web site or retain the content of any of
your sessions on the Web site. By transmitting information through
the Web site, 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 e-mail may not
be secure. We recommend that you do not send any confidential
information to us by e-mail. If you choose to send any confidential
information to us via e-mail, you accept the risk that this
information may be intercepted by a third party. Global Net Lease
reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request or as otherwise may
be legally permissible.
5.
DISCLAIMER OF WARRANTIES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL NET LEASE AND
THE OTHER GLOBAL NET LEASE ENTITIES) EXPRESSLY DISCLAIM ALL WEB SITE
WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION REGARDING ANY
CONTENT OR OTHER INFORMATION ACCESSED THROUGH THE WEB SITE, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF
COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NO MATERIALS OR OTHER
ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM,
OBTAINED BY YOU THROUGH THE WEB SITE OR OTHERWISE, WILL CREATE ANY
WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS
PROVIDED TO YOU AS IS.
6.
LIMITATIONS OF LIABILITY.TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT GLOBAL
NET LEASE AND ALL OF THE GLOBAL NET LEASE ENTITIES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, ADVISORY BOARD MEMBERS,
EMPLOYEES, CONTRACTORS, AND AGENTS (INCLUDING WITHOUT LIMITATION ANY
BROKER DEALER ENTITIES THAT PROVIDE PRODUCTS OR SERVICES FOR YOU
ARISING OUT OF, OR SEPARATE FROM, YOUR USE OF THE WEB SITE)
(COLLECTIVELY, GLOBAL NET LEASE PARTIES) SHALL NOT HAVE ANY LIABILITY
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES THAT ARISE OUT OF OR RELATE TO THE WEB
SITE OR THESE TERMS AND CONDITIONS. IN NO EVENT WILL THE TOTAL,
AGGREGATE LIABILITY OF THE GLOBAL NET LEASE PARTIES FOR DAMAGES OF
ANY TYPE, EXPENSES OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION,
LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND
CONDITIONS OR THE WEB SITE EXCEED FIVE HUNDRED DOLLARS ($500). THE
LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF
WHETHER THE CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING IS BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND
REGARDLESS OF WHETHER GLOBAL NET LEASE HAS BEEN ADVISED OF THE
POSSIBILITY OF THE APPLICABLE DAMAGES. AS SUCH YOU ARE ACKNOWLEDGE
AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES EVEN TO ANY
NEGLIGENCE OF THE GLOBAL NET LEASE PARTIES.
7.
LINKS WITH OTHER WEB SITES. Global
Net Lease may provide links to other Web sites or resources (Linked
Sites). You acknowledge and agree that Global Net Lease has no
control over and is not responsible for the Linked Sites. Global Net
Lease's reference to or use of tangible or intangible property, a
product, service, or process does not imply Global Net Lease's
recommendation, approval, affiliation, or sponsorship of that
respective property, product, service, or process. You agree that the
Global Net Lease Parties shall not be responsible or liable, directly
or indirectly, for any damage or loss arising out of or relating to
the Linked Sites, including without limitation content, property,
goods or services available on the Linked Sites. Links to the Web
site are not permitted without the express prior permission of Global
Net Lease.
8.
SOCIAL MEDIA INFORMATION. You
may be given the option to follow Global Net Lease on a third party
social networking platform and other Linked Sites. When you link your
social networking accounts with Web site or engage with Web site
through third party social media platforms, we may have access to
certain of your information stored on those social networking media
services depending upon the service and your privacy settings. In
addition, as you interact with the Web site, the social networking
service may collect information about your activities on the Web
site. We recommend you review the information your third party social
networking services may make available to us by visiting those
services privacy policies and/or modifying your privacy settings
directly with those services. If you elect to share your information
with these social networking sites, we will share information with
them in accordance with your election. The terms and conditions of
these social networking sites will apply to the information we
disclose to them. We reserve the right to use, transfer, assign,
sell, share and provide access to all information that we receive
through these third party social media services in the same ways
described in this Privacy Policy. You agree that we shall not be
liable for the use by social networking services of any information.
9.
INDEMNIFICATION. You
agree to defend, indemnify, and hold the Global Net Lease Entities
harmless from any and all damages, costs and expenses, including
without limitation reasonable attorneys fees, arising out or relating
to any and all third party claims, demands or allegations arising out
of or relating to your use of the Web site, including without
limitation arising out of or relating to your violation of the Terms
and Conditions, any applicable laws, or your violation of any rights
of a third party.
10.
MODIFICATIONS. Global
Net Lease may change the Terms and Conditions from time to time.
Global Net Lease will require your assent to the revised Terms and
Conditions. If you do not provide such an assent, such as through
clicking the applicable button, among other methods, then your use of
the Web site will terminate in accordance with Section 12 below.
Global Net Lease reserves the right to modify or temporarily
discontinue your access to the Web site or parts thereof, with or
without notice to you. You agree that Global Net Lease shall not be
liable to you or any third-party for any modification to the Web site
or your access to the Web site.
11.
INTERNET ACCESS.
To use the Web site, you must at no cost to Global Net Lease: (a)
provide for your own access to the World Wide Web and pay any service
fees associated with such access; (b) provide all equipment necessary
for you to make such connection to the World Wide Web, including
without limitation a computer and modem or broadband Internet
connection.
12.
INFORMATION RELATING TO FUND SECURITIES.
Unless otherwise expressly stated, the properties depicted on the Web
site are for illustrative purposes and are not owned, or intended to
be acquired, by any of the Affiliate Fund. Except as otherwise
disclosed in their respective prospectuses as amended, the Affiliate
Fund have not yet identified any properties for acquisition. There
can be no assurance the funds investment objectives will be achieved.
A copy of the current version of each of the available Affiliate
Funds prospectuses is available on the Web site. For those
considering an investment in the Affiliate Fund the Web site must be
read in conjunction with the applicable prospectus in order to fully
understand all the implications and risks of the respective offering
of the securities to which it relates. For additional prospectuses,
please call Global Net Lease at 1-212-415-6500. An investment in the
securities of the Affiliate Fund is subject to substantial risks.
These risks include absence of a public market for these securities,
lack of an operating history, absence of properties identified for
acquisition, limited transferability and lack of liquidity,
possibility of substantial delay before distributions are made,
reliance on the fund's general partners or advisor, payment of
significant fees to the general partners or advisor and their
affiliates, potential conflicts of interest, and lack of
diversification in property holdings until significant funds have
been raised. An investment in the securities of the Affiliate Fund is
not suitable for all investors. Refer to the applicable prospectus
for a more detailed discussion of risks. This Web site is neither an
offer to sell nor the solicitation of an offer to buy any security,
which can be made only by the prospectus, filed or registered with
appropriate state and federal regulatory agencies, and sold by
broker/dealers authorized to do so. No regulatory agency has passed
on or endorsed the merits of this offering. Any representation to the
contrary is unlawful. Consult the prospectus and subscription
document for suitability standards in your state. NEITHER THE
ATTORNEY GENERAL OF THE STATE OF NEW YORK NOR ANY OTHER STATE HAS
PASSED ON OR ENDORSED THE MERITS OF ANY OFFERING OF GLOBAL NET LEASE
FUND SECURITIES. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.
13.
TERMINATION. The
term of these Terms and Conditions shall be until either you or
Global Net Lease terminates your Web site account, with or without
cause at any time and effective immediately. Global Net Lease may
additionally, in its sole discretion, immediately terminate these
Terms and Conditions should you fail to adhere to these Terms and
Conditions. You agree that the Global Net Lease Entities shall not be
liable to you or any third party for termination of these Terms and
Conditions. Should you object to any terms or conditions of these
Terms and Conditions or any subsequent modifications to these Terms
and Conditions or become dissatisfied with the any part of the Web
site in any way, your sole and exclusive remedy is to immediately:
(1) terminate use of the Web site; and (2) notify Global Net Lease in
writing of your termination of your agreement to these Terms and
Conditions. Upon expiration of the Term or termination of these Terms
and Conditions, your license rights to the Web site immediately
cease. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17 and 18 will survive and remain in full force and effect after
termination.
14.
BINDING INDIVIDUAL ARBITRATION.
Purpose.
The term means any dispute, claim, or controversy between you and any
Global Net Lease Entity regarding the Website or any service thereon,
whether based in contract, statute, regulation, ordinance, tort
(including, but not limited to, fraud, misrepresentation, fraudulent
inducement, or negligence), or any other legal or equitable theory,
and includes the validity, enforceability or scope of this Section
(with the exception of the enforceability of the Class Action Waiver
clause below). is to be given the broadest possible meaning that will
be enforced. If you have a Dispute with any Global Net Lease Entity
or any of their officers, directors, employees or agents that cannot
be resolved through negotiation within the time frame described in
the clause below, other than those matters listed in the Exclusions
from Arbitration clause, you and the entity that you have a Dispute
with agree to seek resolution of the Dispute only through arbitration
of that Dispute in accordance with the terms of this Section, and not
litigate any Dispute in court. Arbitration means that the Dispute
will be resolved by a neutral arbitrator instead of in a court by a
judge or jury.
Exclusions
from Arbitration. YOU AND THE GLOBAL NET LEASE ENTITIES AGREE THAT
ANY CLAIM FILED BY YOU OR BY ANY GLOBAL NET LEASE ENTITY IN SMALL
CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN
THIS SECTION.
RIGHT
TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30
DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND
CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING
WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR
WRITTEN NOTIFICATION MUST BE MAILED TO GLOBAL NET LEASE GENERAL
COUNSEL, 650 FIFTH AVENUE, 30TH FLOOR, NEW YORK, NY 10019 AND MUST
INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF
YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO
RESOLVE DISPUTES WITH THE GLOBAL NET LEASE ENTITIES THROUGH
ARBITRATION.
Notice
of Dispute.
IF YOU HAVE A DISPUTE WITH ANY GLOBAL NET LEASE ENTITY, YOU MUST SEND
WRITTEN NOTICE TO GLOBAL NET LEASE General Counsel, 650 Fifth Avenue,
30th Floor, New York, NY 10019 TO GIVE SUCH GLOBAL NET LEASE ENTITY
YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE
DISPUTE
INFORMALLY
THROUGH NEGOTIATION. You
agree to negotiate resolution of the Dispute in good faith for no
less than 60 days after you provide notice of the Dispute. If Global
Net Lease or the Global Net Lease Entity you have a Dispute with does
not resolve your Dispute within 60 days from receipt of notice of the
Dispute, you, Global Net Lease or the Global Net Lease Entity you
have a Dispute with may pursue your claim in arbitration pursuant to
the terms in this Section.
Class
Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN
ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS
AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED
MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE GLOBAL NET LEASE ENTITY
WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING
FOLLOWING INITIATION OF THE ARBITRATION.
Initiation
of Arbitration Proceeding/Selection of Arbitrator.
If you or the entity you have a Dispute with elect to resolve your
Dispute through arbitration, the party initiating the arbitration
proceeding may initiate it with the American Arbitration Association
www.adr.org, or JAMS www.jamsadr.com. The terms of this Section
govern in the event they conflict with the rules of the arbitration
organization selected by the parties.
Arbitration
Procedures.
Because the software and/or service provided to you by the entity you
have a Dispute with concern interstate commerce, the Federal
Arbitration Act governs the arbitrability of all Disputes. However,
applicable federal or state law may also apply to the substance of
any Disputes. For claims of less than $75,000, the Supplementary
Procedures for Consumer-Related Disputes Supplementary Procedures
shall apply including the schedule of arbitration fees set forth in
Section C-8 of the Supplementary Procedures; for claims over $75,000,
the Commercial Arbitration Rules and relevant fee schedules for
non-class action proceedings shall apply. The AAA rules are available
at www.adr.org or by calling 1-800-778-7879. Further, if your claims
do not exceed $75,000 and you provided notice to and negotiated in
good faith with the entity you had a Dispute with as described above,
if the arbitrator finds that you are the prevailing party in the
arbitration, you will be entitled to recover reasonable attorneys
fees and costs as determined by the arbitrator, in addition to any
rights to recover the same under controlling state or federal law
afforded to the entity you have a Dispute with or you. The arbitrator
will make any award in writing but need not provide a statement of
reasons unless requested by a party. Such
award will be binding and final, except for any right of appeal
provided by the FAA, and may be entered in any court having
jurisdiction over the parties for purposes of enforcement.
Location
of Arbitration.
You or the entity you have a Dispute with may initiate arbitration in
either New York County, New York or the county in which you reside.
In the event that you select the county of your residence, the entity
you have a Dispute with may transfer the arbitration to New York
County, New York in the event that it agrees to pay any additional
fees or costs you incur as a result of the change in location as
determined by the arbitrator.
Severability.
If any clause within this Section is found to be illegal or
unenforceable, that clause will be severed from this Section, and the
remainder of this Section will be given full force and
effect.
Continuation.
This Section shall survive any termination of these Terms and
Conditions or the provision of the associated services to you.
15.
EQUITABLE RELIEF. You
acknowledge that any use or threatened use of the Web site or Content
in a manner inconsistent with these Terms and Conditions shall cause
immediate irreparable harm to Global Net Lease and/or the other
Global Net Lease Entities for which there is no adequate remedy at
law. Accordingly, you acknowledge and agree that Global Net Lease and
the other Global Net Lease Entities shall be entitled to immediate
and permanent injunctive relief from a court of competent
jurisdiction in the event of any such breach or threatened breach by
you. You agree and stipulate that Global Net Lease and the Global Net
Lease Entities shall be entitled to such injunctive relief without
posting a bond or other security; provided however that if the
posting of a bond is a prerequisite to obtaining injunctive relief,
then a bond in the amount of $1000 shall be sufficient. Nothing
contained herein shall limit the right of Global Net Lease or any
other Global Net Lease Entities to any remedies at law, including
without limitation the recovery of damages from you for breach of
these Terms and Conditions, as applicable.
16.
ASSIGNMENT. YOU
WILL NOT ASSIGN, INCLUDING WITHOUT LIMITATION BY OPERATION OF LAW,
CHANGE OF CONTROL OR OTHERWISE, YOUR RIGHTS OR LICENSES TO THE WEB
SITE PROVIDED UNDER THESE TERMS AND CONDITIONS, EITHER IN WHOLE OR IN
PART WITHOUT THE PRIOR WRITTEN CONSENT OF GLOBAL NET LEASE. GLOBAL
NET LEASE SHALL HAVE THE RIGHT TO ASSIGN THESE TERMS AND CONDITIONS.
ANY ATTEMPT TO ASSIGN THESE TERMS AND CONDITIONS CONTRARY TO THIS
SECTION WILL BE VOID AND HAVE NO EFFECT.
17.
COPYRIGHT AND TRADE NAMES. ALL
OF THE INFORMATION ON THE WEB SITE, INCLUDING TEXT, IMAGES, GRAPHICS
AND SOFTWARE, IS THE PROPERTY OF GLOBAL NET LEASE, LLC, EXCEPT AS
OTHERWISE INDICATED, AND IS PROTECTED BY COPYRIGHT AND OTHER
INTELLECTUAL PROPERTY LAWS. IN ADDITION, THE COLLECTION, ARRANGEMENT
AND ASSEMBLY OF CONTENT ON THIS WEB SITE IS THE EXCLUSIVE PROPERTY OF
GLOBAL NET LEASE, LLC AND IS LIKEWISE PROTECTED BY COPYRIGHT AND
OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY VIEW, DOWNLOAD AND REPRINT
INFORMATION AND MATERIALS CONTAINED ON THIS WEB SITE (I) SOLELY FOR
INFORMATIONAL PURPOSES AND FOR NO OTHER PURPOSE, AND (II) PROVIDED
THAT NEITHER THE MATERIALS, NOR ANY PROPRIETARY NOTICES THEREIN ARE
MODIFIED OR ALTERED IN ANY WAY.
The
Web site is Copyright Global Net Lease Investments, LLC. All rights
reserved.
Pursuant
to Section 512(c)(2) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Global Net Lease
Investments, LLC doing business as Global Net Lease designates an
agent as described below, to receive notifications of claimed
infringement:
Legal
name and address of service provider:
Global Net Lease
Investments, LLC
Name under which service provider does
business:
Global Net Lease
Designated Agent:
General
Counsel
Designated agent address:
General Counsel
650
Fifth Avenue, 30th Floor
New
York, NY 10019
Telephone of designated agent:
Telephone:
1-215-415-6500
The
Web site features trade names, logos and other trademarks and service
marks that are the property of, or are licensed to, Global Net Lease
Investments, LLC or other Global Net Lease Entities. The Web site may
also include trademarks or service marks of third parties. All of
these trademarks are the property of their owners and you agree not
to use or display them in any manner without the prior written
permission of the applicable trademark owner. You also agree not to
use, copy, modify or display any of these marks in any manner likely
to cause confusion or in any manner that disparages or discredits any
Global Net Lease Entities.
18.
NOTICE.
Any notice required or allowed under these Terms and Conditions shall
be deemed properly given and effective upon (a) (i) actual delivery,
if delivery is by hand; (ii) upon receipt by the transmitting party
of confirmation or answer back, if delivery is by telex, telegram or
facsimile; (iii) five (5) days after delivery into the regular mail,
postage prepaid by registered or certified mail, return
receipt-requested to the respective party at the following address;
or (b) if you have provided an email address, to you immediately upon
transmittal of an email to such email address. If to you: Such notice
will be sent to you based on the contact information you have
submitted to Global Net Lease. If to Global Net Lease: 650 Fifth
Avenue New York, NY 10019, ATTENTION: General Counsel or at such
other address as the parties may designate by notice given pursuant
to this clause or these Terms and Conditions.
19.
GENERAL.THESE
TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND THE GLOBAL
NET LEASE ENTITIES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW
YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. Subject to
Section 13 (BINDING INDIVIDUAL Arbitration), ANY DISPUTE NOT SUBJECT
TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE
LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER,
THEN ONLY IN A NEW YORK STATE COURT SITTING IN THE BOROUGH OF
MANHATTAN, CITY OF NEW YORK, STATE OF NEW YORK. EACH PARTY HEREBY
CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS
AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION
WITH THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS IN ANY OTHER
COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE
VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE
SUBJECT MATTER OF THESE TERMS AND CONDITIONS IN THE FEDERAL OR STATE
COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND
AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS
BEEN BROUGHT IN AN INCONVENIENT FORUM. The failure of any Global Net
Lease Entity to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or
provision. If any provision of these Terms and Conditions is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties intentions as reflected in the provision, and the other
provisions of these Terms and Conditions remain in full force and
effect. The section titles in these Terms and Conditions are for
convenience only and have no legal or contractual effect. Global Net
Lease shall not be liable for delays or failure to make the Website
(including without limitation the Content) available for any reason.
Global Net Lease makes the Website available hereunder as an
independent contractor, and in no event shall there be deemed to be
any agency, joint venture, partnership, employment or similar
relationship between you and any Global Net Lease Entity in
connection with these Terms and Conditions or any use or access of
the Website. Each party acknowledges that it is not entering into
these Terms and Conditions on the basis of any representation not
expressly contained in these Terms and Conditions. These Terms and
Conditions, and any additional terms and conditions that are
referenced herein or otherwise may apply to specific areas of the
Website, constitute the entire agreement between you and Global Net
Lease (and the other Global Net Lease Entities) concerning this
subject matter, and supersede and cancel any and all prior or
contemporaneous agreements or contracts, whether written or oral,
with respect to the same.
YOU
AGREE THAT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR
CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF
THE WEBSITE, OR THESE TERMS AND CONDITIONS, MUST BE FILED BY YOU
WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE
PERMANENTLY BARRED.