Zeller Realty Group
Investor Portal Terms of Use
Last Revised: February 10, 2020
These Terms of Use (the “Terms”) govern your access to and use of the web portal through which you can access information concerning your investments with Zeller Realty Group, its affiliates, subsidiaries, related entities and other companies managed by any of the foregoing (“Zeller,” “the Company,” “we,” “us,” and “our”). Such web portal (together with any amendments or replacements thereof, and any other web portal through which you can access information concerning your investments with Zeller, the “Portal”) is published, owned, and operated by Zeller. This website is only suitable and is only intended for use by accredited investors who have invested with Zeller and who understand and accept the risks associated with private investments.
The Investor Portal Privacy Policy and Investor Portal Terms of Use are available online.
Zeller reserves the right to replace, move, modify, amend, suspend, discontinue or restrict the use or availability of, the Portal or any portion thereof at any time and from time to time, without notice or liability of any kind. The main access to such Portal is presently located at:
Zeller Realty – Investor Portal (the “Portal”).
By accessing, browsing, submitting information to and/or using the Portal, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use, and you shall have no right to access, the Portal. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and, in such event, “you” and “your” will refer to that company or other legal entity. These Terms may include additional specific terms of use or disclaimers that are posted on our Portal concerning specific content, applications, or other items made available to you. We may change these terms or any other terms concerning the Portal at any time and from time to time.
Purpose of the Portal. The Portal is operated by Zeller under software license from Yardi Systems, Inc. (“Yardi”), and any data, material, content or information herein (collectively, the “Content”), including but not limited to, any text, document, code, images, graphics, video, binary files, ads, accounts, account information, emails, messages, and any other user communications, information obtained from Yardi’s licensors, and other material contained on the Portal are provided solely for informational purposes and the purposes of enabling communication between you and Zeller. The information provided does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Zeller disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Portal, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Zeller through the Portal shall be handled in accordance with the Portal’s Privacy Policy which is hereby incorporated by reference.
Right to Use the Portal. Zeller grants you a revocable and non-exclusive right to access and use the Portal and its Content solely for your personal use. Your right to access and use the Portal shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Zeller to use the Portal for commercial purposes. You agree to use the Portal only for lawful purposes, to access the Portal securely and in accordance with posted administrative and technical policies, comply with all rules governing any transactions on and through the Portal and comply with applicable laws. Your use of this Portal may be monitored by Zeller and used for Zeller’s internal business purposes, without liability.
No Offer or Advice. Nothing contained in this Portal constitutes investment, financial, legal, regulatory, accounting, tax, or other advice. This Portal and the information contained herein are provided for informational purposes only. Neither this Portal, nor the information or any opinion contained in the Portal, constitutes a solicitation or offer by Zeller to buy or sell any securities, financial instruments, investments, or services of Zeller or any other issuer, person, or entity. Offers can only be made where lawful under, and in compliance with, applicable law. No information provided on this Portal shall be deemed a recommendation to buy or sell any securities, financial instruments, or other investments. The information provided on the Portal is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be restricted or prohibited by law or regulation. Those who access this Portal do so of their own initiative and are responsible for compliance with applicable local laws and regulations.
Investment Risk: Past performance is not indicative of future results. No representation or warranty of any kind is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant or total losses will be avoided. Any discussion of the risks contained herein with respect to any investment should not be considered a disclosure of all risks or complete discussion of the risks which are mentioned. Decisions based on information contained in this Portal are your sole responsibility, and in exchange for using the Portal, you agree to hold Zeller and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and any third-party information providers and vendors harmless against any claims for damages resulting from any decisions that you make based on such information. Please consult with your investment advisor or representative for additional assistance.
User Account Responsibility. If you are given or create a password to access the Portal, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify Zeller immediately of any unauthorized use of your account. Zeller is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Investor Accounts. You agree to provide Zeller with current, complete, and accurate information about you as prompted by the applicable registration process, and agree to regularly update this information to maintain its completeness and accuracy.
Prohibited Uses. You agree that you will not:
Third Party Sites. The Portal may contain links to websites controlled or operated by persons and companies other than Zeller (“Linked Sites”). Linked Sites are not under the control of Zeller, and Zeller is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Zeller is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Zeller is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zeller of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Zeller or are identified in the Portal, including any delivery of and payment for goods and services.
Confidentiality of Zeller Information. All information relating to Zeller that you obtain through the Portal (“Zeller Information”), including but not limited to its financial performance, earnings, and losses, is confidential. You will not disclose or make available any of Zeller Information except to your legal, tax, and investment advisors who are otherwise under an obligation of confidentiality. You will not use Zeller Information for purposes other than those necessary to further your interests as a Zeller investor. Zeller Information is not confidential to the extent, but only to the extent, that you can establish that such information is generally known or available to the public without any breach of an obligation to Zeller. Either party may disclose the terms of these Terms or the Zeller Investor Portal Privacy Policy to any of its advisors, potential successors, or potential purchasers of its business or of its stock not intended for issuance to the public, if the recipient is under an obligation of confidentiality. Without limiting the generality of the foregoing, you shall not.
Intellectual Property Notices. The Portal and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Portal or Content in any manner, except as expressly permitted by Zeller in these Terms. The Portal or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Zeller or applicable owner.
Your Content. Any Content you create or own or to which you have a license and use on the Portal is Your Content. In sharing Your Content on the Portal, you warrant and represent you have the legal right to use Your Content and grant Zeller an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Portal services as described in these Terms and in any posted policies on the Portal. The Portal services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Zeller systems to access, store, and scan Your Content. You may also be able to share Your Content with others through the Portal, so please think carefully about what you share. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Portal. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Zeller or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. Questions regarding the use of any intellectual property provided on the Portal should be directed to Zeller Realty Asset Management Department at (312) 229-8838.
United States Only. Zeller is based in the state of Illinois in the United States. Zeller provides this Portal for use only by persons located in the United States. We make no claims that the Portal or any of its contents are accessible or appropriate outside of the United States. Access to the Portal may not be legal by certain persons or in certain countries.
Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY ZELLER TO YOU VIA THE PORTAL, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. ZELLER AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, ZELLER AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PORTAL OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PORTAL. YOU SPECIFICALLY ACKNOWLEDGE THAT ZELLER AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PORTAL AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER ZELLER NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PORTAL WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. ZELLER FURTHER MAKES NO WARRANTY THAT THE PORTAL WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT ZELLER, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PORTAL OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST ZELLER FOR DISSATISFACTION WITH THE PORTAL OR THE CONTENT IS TO CEASE YOUR USE OF THE PORTAL AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ZELLER OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PORTAL, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PORTAL OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PORTAL, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF ZELLER OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PORTAL SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnity. You agree to defend, indemnify and hold harmless Zeller and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Portal, including, but not limited to, any use of the Portal Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Portal.
Termination and Restriction of Access. In its sole discretion, Zeller may terminate or suspend your access to the Portal for breach of these Terms. Zeller shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, Zeller may require you to submit any disputes arising from use of the Portal, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law. By using the Portal, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Portal must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Illinois, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Chicago, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Portal.
Changes to these Terms of Use. Zeller may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Zeller. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Portal after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zeller as a result of these Terms or use of the Portal. You may not assign these Terms without the prior written consent of Zeller in all instances. Zeller may assign these Terms, in whole or in part, at any time. Zeller’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Zeller’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Portal or information provided to or gathered by Zeller with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Zeller with respect to the Portal, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Zeller. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Zeller Contact Information. Questions can be directed to Zeller Realty by email at [email protected] or by phone (312) 229-8838 to speak with Maria Lesnicki, Asset Management Associate.