Terms of Use
Versus Capital Advisors, LLC 

LAST MODIFIED: February 17, 2023 

The Versus Site currently located at www.versuscapital.com (together with any successor Versus Site(s) thereto, and all functionality, content, services, and materials available therein, the “Versus Site”) is operated by Versus Capital Advisors, LLC, a Delaware limited liability company (“we” or “us”). Your access to and use of the Versus Site is governed by the following terms and conditions (these “Terms of Use”), regardless of how you access the Versus Site (including through the Internet, through a mobile network or otherwise). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE VERSUS SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS THE VERSUS SITE. IF YOU DO NOT UNDERSTAND OR HAVE QUESTIONS ABOUT THESE TERMS OF USE, IMMEDIATELY STOP ALL USE OF THE VERSUS SITE AND CONTACT INFO@VERSUSCAPITAL.COM. 

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE VERSUS SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF USE. References to “you” and “your” in these Terms of Use will refer to both the individual using the Versus Site and to any such Organization. 

THESE TERMS OF USE CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 12 BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

1. Acceptance of Terms of Use. By using the Versus Site, you are indicating that you have read and understood and that you agree to be bound by the terms of these Terms of Use and to any additional terms, conditions, rules and guidelines that we post on the Versus Site, including the Privacy Policy, or otherwise make available to you. These Terms of Use hereby incorporates by this reference any such additional terms, conditions, rules and guidelines. We may make changes to these Terms of Use from time to time, in our sole discretion, and we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Versus Site. You can determine when we last changed these Terms of Use by referring to the “LAST MODIFIED” legend above. Your use of the Versus Site following any changes to these Terms of Use will constitute your acceptance of those changes. You are expected to check this page from time to time so you are aware of any changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. We may, at any time and without liability, modify or discontinue all or part of the Versus Site; refuse to provide any user with access to the Versus Site; charge, modify or waive any fees required to use the Versus Site; or offer opportunities to some or all Versus Site users.  
   
   
2. Jurisdiction. The Versus Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, or to subject us or our affiliates to any registration requirement within any non-U.S. jurisdiction. We provide the Versus Site for use only by persons in the United States. If you use the Versus Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Versus Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
   
   
3. Rules of Conduct. While using the Versus Site you must comply with all applicable laws, rules and regulations. Your use of the Versus Site is conditioned on your compliance with the rules of conduct set forth in this Section 3; your failure to comply with such rules may result in termination of your right to use the Versus Site pursuant to Section 11 below. You agree that you will not:
   • use the Versus Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;
   • harvest or collect information about other users of the Versus Site;
   • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;
   • interfere with or disrupt the operation of the Versus Site or the servers or networks used to make the Versus Site available, including by hacking or defacing any portions of the Versus Site; or violate any requirements, procedures, policies or regulations of such servers or networks;
   • post, transmit or otherwise make available through or in connection with the Versus Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that otherwise fail or may fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;
   • post, transmit or otherwise make available through or in connection with the Versus Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
   • restrict or inhibit any other person from using the Versus Site (including by hacking or defacing any portion of the Versus Site);
   • reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, sell, resell, lease, loan, timeshare or otherwise exploit any portion of, use of or access to the Versus Site, without our express prior written consent;
   • reverse engineer, decompile or disassemble any portion of the Versus Site, except where enforcement of such restriction is expressly prohibited by applicable law;
   • remove any copyright, trademark or other proprietary rights notice from the Versus Site or materials originating from the Versus Site;
   • frame or mirror any part of the Versus Site, or otherwise incorporate any portion of the Versus Site into any product or service, without our express prior written consent;
   • systematically download or store Versus Site content; or
   • use any robot, spider, website site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way access, monitor or gather Versus Site content or reproduce or circumvent the navigational structure or presentation of the Versus Site without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Versus Site’s root directory, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Versus Site for the sole purpose of, and solely to the extent necessary, for creating publicly-available, searchable indices of such materials, but not caches or archives of such materials, solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances. 
     
     
4. Registration. You may need to register to use all or part(s) of the Versus Site. We may decline your request to register for any reason.  
   
   
5. E-mail and Marketing. Financial professionals who complete the registration process to access the Versus Site are at the same time granting us permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with "Unsubscribe" in the subject line.
   
   
6. Copyright. We claim a copyright in its works presented at the Versus Site. We authorize you to view, copy, download and print documents on this website, subject to the following conditions:
   
   • the documents may be used solely for personal, noncommercial and informational purposes; and
   • the documents may not be modified.
     
   
   The following copyright notice and permission notice must appear in each document: "© Copyright 2023 Versus Capital, LLC and Affiliates. All rights reserved. Versus Capital documents available from this website are protected by the copyright laws of the United States and international treaties. All use subject to Terms of Use." 
   
   
7. Third-Party Materials; Links. Certain Versus Site functionality may make available access to information, products, services and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. 
   
   We are not responsible for and do not control or endorse any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by us with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Versus Site at any time. In addition, the availability of any Third-Party Materials through the Versus Site does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS). 
   
   Other websites may link to the Versus Site with or without our authorization. No such linking implies our endorsement of, or our affiliation with, any such website, and we may block any links to or from the Versus Site at any time. Additionally, we may provide tools to allow you to link to the Versus Site directly from a third-party website; if you do link to the Versus Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
   
   
8. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Versus Site will be free of Viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE VERSUS SITE OR ANY ITEMS OBTAINED THROUGH THE VERSUS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY VERSUS SITE LINKED TO IT. 
   
   YOUR USE OF THE VERSUS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE VERSUS SITE IS AT YOUR OWN RISK. THE VERSUS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE VERSUS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE VERSUS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH THE US REPRESENTS OR WARRANTS THAT THE VERSUS SITE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE VERSUS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE VERSUS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE VERSUS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  
   
   WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  
   
   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
   
   
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE VERSUS SITE OR FROM ANY THIRD-PARTY MATERIALS OR OTHER INFORMATION OR MATERIALS ON THE VERSUS SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VERSUS SITE OR ANY SERVICES, THIRD-PARTY MATERIALS OR OTHER INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE VERSUS SITE IS TO STOP USING THE VERSUS SITE; AND (D) OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE VERSUS SITE, AND (II) TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION 9 AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF US AND OUR AFFILIATED ENTITIES, AND OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. 
   
   IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
   
   
10. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold us and our affiliated entities, and our and their respective successors and assigns, harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Versus Site by or on behalf of you, or using your Versus Site account, or (b) any violation or alleged violation of these Terms of Use by you.
    
    
11. Termination. We may, at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use), terminate or suspend your access to or use of: (a) the Versus Site, (b) your user name and password, or (c) any files, information or materials associated with your user name and password. Upon any such termination or suspension, your right to use the Versus Site will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated files and information. If we terminate or suspend your use of the Versus Site, you hereby waive any claims against us or our affiliated entities with respect to such termination or suspension. We and our affiliated entities shall not be liable for any termination or suspension of your access to the Versus Site or to any such files, information or materials, and (except as may be required under mandatory applicable law) shall not be required to make such files, information or materials available to you after any such termination or suspension. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms of Use (including our right to cooperate with any legal process relating to your use of the Versus Site or any third-party claim that your use of the Versus Site is unlawful or infringes such third party’s rights).  
    
    
12. Governing Law; Dispute Resolution. The terms of these Terms of Use and any applicable any claim or dispute in connection with these Terms of Use or your use of the Versus Site (each, a “Dispute”) are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VERSUS CAPITAL ADVISORS, LLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND VERSUS CAPITAL ADVISORS, LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as amended by these Terms of Use. The JAMS Streamlined Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/. In connection with such arbitration: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator; provided, however, that to the extent (and only to such extent) the applicable arbitration rules expressly provide otherwise, such arbitration rules will supersede subsections (a)-(c) of this Section 12. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
    
    
13. Information or Complaints. If you have a question or complaint regarding the Versus Site, please feel free to contact us via e-mail at info@versuscapital.com or by contacting us at the mailing address set forth below.  
    
    Versus Capital Advisors, LLC 
    5050 S Syracuse Street, Suite 1100 
    Denver, CO 80237
    
    
14. Miscellaneous. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use hereby incorporates by this reference any additional terms that we post on the Versus Site and, except as otherwise expressly stated herein, these Terms of Use is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Versus Site or by e-mail (including in each case via links), or by regular mail, in our discretion. 
    
    Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.