Privacy Policy of Caddis Partners, LLC

I. Introduction

Caddis Partners, LLC, a Texas limited liability company (“Caddis,” “we,” and “us”) respects the privacy of visitors to our website. Caddis has adopted this privacy policy (“Privacy Policy”) to inform you about what information we collect from you on or through our website located at the following domain name: www.caddispartners.com (the “Website”), how we collect that information, how we may use it and what steps we take to protect it.

This Privacy Policy applies only to the Website and does not apply to any other websites operated by or on behalf of Caddis or its affiliates or to information gathered by Caddis or its affiliates through off-line means. This Privacy Policy also does not apply to any third party websites that may be linked to the Website. For information about the privacy practices of those sites, please visit those sites.

II. Consent

By using the Website, you signify that you agree to the terms of this Privacy Policy.  If you do not agree with the terms of this Privacy Policy, please do not use any of the Website and please do not provide us with personal information.

III. Collection of Personal Information

Caddis may ask you for personal information, including your name, address, e-mail address, telephone number, the name of the company you work for, and similar information. We do this, for instance, when you create an account, or register for or subscribe to certain services. When you establish an account, we may also request optional information about you.

If you provide personal information to us, including personal information about individuals other than yourself, you represent and warrant: (a) you have the authority to provide such personal information and consent to the use of such personal information consistent with this Privacy Policy, and (b) you have provided such personal information voluntarily. If you provide a third party’s e-mail address or telephone number to us, you represent and warrant that you have the consent of that third party to provide that information to us.

IV. Collection of Non-Personal and Aggregate Data

When you visit the Website, Caddis may also collect “click stream” data (e.g., IP address, server address, domain name, browser information, etc.) to obtain certain non-personally identifiable information regarding your visit to Website. This information may be combined with information you have provided to us (for instance, by registering), that will enable us to analyze and better customize your visits to the Website. Like many websites, we may collect information regarding usage of our Website by using cookies and tracking technologies, and we use the information gathered from such cookies and tracking technologies to analyze and understand how the Website is used and to enhance future visits.  A detailed description of Caddis’s use of cookies is found in Section XIII of this Privacy Policy.

V. Uses of Collected Information

Except for the purposes set forth below and otherwise provided for in this Privacy Policy, Caddis will not share, sell, trade or otherwise transfer personal information provided by you on or through the Website to third parties without informing you in advance. We will primarily use your personal information to provide products and services to you and for the following uses:  (a) establish user profiles and accounts, and store user preferences; (b) permit you to access certain restricted portions of the Website; (c) provide customer service; and (d) protect you, and us, against error and fraud. In addition, we may use personal information provided by you to customize advertising and content we present to you, and to send you information and materials, including, without limitation, via e-mail. This information may relate to products, offers and news regarding Caddis. In case you do not want to receive any e-mails and/or SMS messages from us or if you want to modify your personal information or request that we delete personal information that you have provided, please review Section XV of this Policy.

VI. Third Party Service Providers

Information collected on or through the Website may be shared or transferred to third parties who perform services for us. Caddis may use third parties to host our Website, assist in designing and operating the Website or certain features of the Website, perform services, print or send communications on our behalf, provide customer service and help us analyze data. These third party service providers are given personal information that they need to perform their designated functions and services for us and we do not authorize them to use or disclose personal information for any other purpose.

VII. Business Transfers

Collected personal information may be transferred as an asset in connection with a merger or sale (including any transfers made as a part of an insolvency or bankruptcy proceeding) involving all or part of Caddis or as part of a corporate reorganization, stock sale or change of control.

VIII. Required Disclosures

Caddis may share personal information you provide to us with a third party if required by law to disclose such personal information. For example, we may be required to disclose personal information to respond to a subpoena, court order or other legal process. We may also disclose this information in response to a law enforcement agency’s request or as otherwise required or permitted by law or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public.

IX. Choices You Have

No person (of any age) is required to provide us with the personal information we may request.  Your provision of requested personal information to us on or through our Website or by other means is presumed voluntary and with your consent to the uses described in this Privacy Policy. However, in some cases, only persons who provide the requested personal information will be able to receive services or otherwise participate in the Website’ activities and offerings.

X. Protection of Personal Information

Caddis has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite Caddis’s efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from Caddis by the Website or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Website content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Caddis is therefore not responsible for the security of information transmitted via the Internet. Caddis will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

Moreover, in order to protect your personal information, you should never share your password with anyone.  If you feel that your password has been discovered, you should change it immediately by logging on to the Site and accessing your profile to change your password.

XI. Children’s Privacy

Caddis is committed to protecting the privacy of children and has no intention of collecting personal information from children under the age of 18. If you are a parent or guardian or a child under the age of 18 and suspect that he or she has provided personal information on or through any of the Website, please contact us as set forth below under Section XVI of this Policy.

XII. Links to Third Party Websites

For your convenience and to improve the usage of the Website, the Website may from time to time display links to third party sites or resources sponsored by third parties (“Linked Websites”) for which this Privacy Policy does not apply. These Linked Websites are located outside of the Website and are beyond our control. This includes links from partners that may use Caddis logos as part of a co-branding agreement. Although we seek to protect the integrity of our Website, Caddis is not responsible and cannot be held liable for the availability, content or activities of these Linked Websites. Your visit to and access of these Linked Websites is therefore entirely at your own risk. Linked Websites (and any websites to which they link) may contain information that is offensive, inaccurate, incomplete, or outdated. Caddis does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any Linked Website of any joint venture company or other company related to Caddis. Please note that these Linked Websites may send their own cookies to users, collect data or solicit personal information. For information about the privacy practices of those sites, please visit those sites.

XIII. Use of Cookies

A “cookie” is a small string of information that the Website you visit transfers to your computer for identification purposes and may be used to follow your activity on the Website. This information helps us understand your preferences and improve the Website experience. If you adjust your browser settings you can turn off all cookies or you can have your computer warn you whenever cookies are being used. There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the Website you visit and it is possible that you will not have access to some of the features on the Website.

XIV. Communications from Caddis

Caddis may contact you via email, mail or telephone in response to a request we receive from you, with information we believe will be of value to you, or in connection with your Account.  If you want to opt out of receiving any future marking communications from us, please mail, call or fax us at the contact information provided in Section XVI of this Policy, or by clicking on an “unsubscribe” hyperlink contained in marketing e-mails sent to you. Please note that your election to opt out of receiving any future marketing e-mails from Caddis will not prevent your receipt of marketing e-mails generated before Caddis received or can process your opt-out. Also, please note that you will not be able to opt out of receiving certain types of transactional e-mails from Caddis (e.g., administrative messages regarding your account).

XV. Deletion or Modification of Personal Information

You may cancel your user registration at any time. Additionally, you can choose to have personal information provided by you modified in or deleted from our database, subject to the terms of this Privacy Policy. Caddis reserves the right to retain any personal information reasonably necessary to appropriately document its business activities and for archival and record retention purposes. We will keep personal information as long as it is necessary for the purposes described in this Privacy Policy. We encourage you promptly to update personal information you have provided to Caddis if it changes.

XVI. Changes to this Policy & How to Contact Caddis

We may from time to time need to amend this Privacy Policy due to changes in Caddis’s practices, changes in federal and state laws and regulations, and to keep up with new developments in technology. We therefore reserve the right at our discretion to make these changes and ask you to check this page periodically for an updated Privacy Policy, as you are bound by the most-current Policy when visiting our Website.

If you have any questions or comments relating to our Website and/or the Privacy Policy, you can contact us by email, telephone or send a request with further questions to our Office Manager by mail or fax at:

Caddis Partners, LLC
Healthcare Real Estate
Attn: Office Manager
5910 N. Central Expressway, Suite 200
Dallas, Texas 75206
F 469.547.5422

XVII. Online Policy

The terms of this Privacy Policy do not extend to anything that is inherent in the operation of the Internet, and therefore beyond Caddis’s control, and are not to be applied in any manner contrary to applicable law or governmental regulation. This Privacy Policy only applies to information collected on or through our Website and not to information collected offline.

XVIII. Miscellaneous

This Privacy Policy represents the entire agreement between you and Caddis with respect to the subject matter hereof and supersedes any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. All matters in connection with this Privacy Policy and all actions contemplated thereby, shall be governed by the laws of the State of Texas, without reference to its conflict of law rules and as if this was a contract wholly entered into and wholly performed within the State of Texas; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) that any action or proceeding with regard to any breach or threatened breach of this Privacy Policy (including any injunction seeking the restraint of such breach or threatened breach) shall be brought in the State of Texas; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

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Terms of Use of Caddis Partners, LLC Website

I. Introduction

Caddis Partners, LLC, a Texas limited liability company (“Caddis” “we”, “us” and “our”) makes our website, located at the domain name www.caddispartners.com and other domains registered and used by Caddis (the “Website”), available to you for your information and as background for the products and services of Caddis and its subsidiaries and affiliates. By accessing the information through the Website, you agree on behalf of yourself, and any and all persons, companies and legal entities 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 Website in accordance with these terms of use (“Terms of Use”) and the Privacy Policy, available for viewing on the Website and hereby incorporated by reference.

Your use of the Website signifies that you agree to these Terms of Use.  You should not use the Website in any manner or attempt to access the Website if you are not willing to be bound and abide by these Terms of Use. Through your continued use of the Website, 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 Website, and (ii) agree to these Terms of Use as a legally binding contract on behalf of you and your company, or legal entities, as applicable. For purposes of these Terms of Use, the term “Website” includes without limitation those parts of the Website that you can access based on your account with the Website, 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 Website (collectively, the “Content”).

II. License to the Content

Caddis grants you a limited, nonexclusive, nontransferable license during the Term (defined below) to access the Website solely to display the Content for informational purposes and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding Caddis. Any other use of the Content or the Website is expressly prohibited. All other rights in the Content and the Website are reserved by Caddis and its licensors. Caddis reserves all rights in the Website and you agree these Terms of Use do not grant you any rights in or licenses to the Website, 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 Website, or in any other way exploit any of the Content or any other part of the Website or any derivative works thereof, in whole or in part for commercial or non-commercial purposes without the express prior written permission of Caddis. Without limiting the foregoing, you will not frame or display the Website (or any part of the Website) as part of any website or any other work of authorship without the express prior written permission of Caddis.

III. Website Information

The information published on the Website is provided as a convenience to visitors and is provided for informational purposes only.  You should verify all information before relying on it, and all decisions based on information contained in the Website are your sole responsibility. If you need specific details about any information contained in our Website, you should contact Caddis through the “Contact” section of the Website. Photographs on this Website are for illustrative purposes only.

IV. Website Restrictions

Through your use of the Website, you represent and warrant that you shall not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You will not submit any false, misleading or inaccurate information to the Website. 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 Website. You further agree that you will not use the Website to: (i) violate or infringe on the legal rights, including, but not limited to, rights of privacy, publicity and intellectual property, of others; (ii) publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortious, indecent, immoral or otherwise objectionable material or information; (iii) transmit or upload any material to the Website that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (iv) interfere with or disrupt the Website networks or servers; (v) harvest or otherwise collect information from the Website about others, including without limitation email addresses, without proper consent; (vi) otherwise attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (vii) interfere with another individual’s or entity’s use or enjoyment of the Website.

Caddis has no obligation to monitor your use of the Website or retain the content of any of your sessions on the Website. By transmitting information through the 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 e-mail may not be secure, and therefore 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.  Caddis 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.

V. Disclaimer of Warranties

No materials or other advice or information, whether oral, written or in another form, obtained by you through the Website or otherwise, will create any warranty not expressly provided for in these Terms of Use.  You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Website 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 Website is at your sole risk and acknowledge that the Website is provided to you “as is”.

VI. Limitations of Liability:

To the maximum extent permitted by applicable law, you agree that Caddis and its respective officers, directors, managers, board members, employees, contractors and agents (collectively, the “Caddis 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 Website or these Terms of Use.  In no event will the total, aggregate liability of the Caddis 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 of Use, Website and/or Privacy Policy exceed Five Hundred Dollars ($500.00).  The limitations on liability contained herein 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 Caddis has been advised of the possibility of the applicable damages.  You expressly acknowledge and agree that this limitation of liability applies even to any negligence of the Caddis Parties.

VII. Indemnification

You agree to defend, indemnify, and hold the Caddis Parties 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 Website, including without limitation arising out of or relating to your violation of the Terms of Use, any applicable laws, or your violation of any rights of a third party.

VIII. Modification and Assignment

Caddis may change the Terms of Use from time to time. Your continued use of the Website signifies your acceptance of any and all modifications.  Therefore you should check this page periodically for an updated Terms of Use, because you are bound to the most-current Terms of Use when visiting the Website.  Caddis reserves the right to modify or temporarily discontinue access to the Website or parts thereof, with or without notice to you.  You agree that Caddis shall not be liable to you or any third-party for any modifications to the Website or your access to the Website.

Caddis shall have the right to assign these Terms of Use.  You shall not assign, including, without limitation by operation of law, change of control or otherwise, your rights or limited license to the Website provided under these Terms of Use, either in whole or in part, without the prior written consent of Caddis.  Any attempt to assign these Terms of Use contrary to this Section VIII will be void and without effect.

IX. Termination

The term (“Term”) of these Terms of Use shall be during your use of the Website or, if you have created an account, until either you or Caddis terminates your Website account, with or without cause at any time and effective immediately.  Caddis may, in its sole discretion, immediately terminate these Terms of Use should you fail to adhere to these Terms of Use.  You agree that Caddis shall not be liable to you or any third party for termination of these Terms of Use.  Should you object to any terms or conditions of these Terms of Use or any subsequent modifications to these Terms of Use or become dissatisfied with the any part of the Website in any way, your sole and exclusive remedy is to immediately: (i) terminate use of the Website; and (ii) notify Caddis in writing of your termination of your agreement to these Terms of Use.  Upon expiration of the Term or termination of these Terms of Use, your limited license rights to the Website shall immediately cease.

X. Equitable Relief

You acknowledge that any use or threatened use of the Website or Content in a manner inconsistent with these Terms of Use shall cause immediate irreparable harm to Caddis, for which there is no adequate remedy at law.  Accordingly, you acknowledge and agree that Caddis 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 Caddis 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 rights of Caddis to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms of Use, as applicable.

XI. Copyright and Tradenames

All of the information on the Website, including the Content, text, images, graphics and software, is the property of Caddis, except as otherwise indicated, and is protected by copyright laws and other intellectual property rights.  The collection, arrangement and assembly of Content on this Website is the exclusive property of Caddis and is likewise protected by applicable copyright laws and other intellectual property rights.  You may view, download and reprint information and materials contained on the Website solely for informational purposes and for no other purpose; provided, that, neither the materials, nor any proprietary notices therein are modified or altered in any way.

The Website features trade names, logos and other trademarks and service marks that are the property of, or are licensed to, Caddis.  The Website 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 Caddis.

XII. Notice

Any notice required or allowed under these Terms of Use  shall be deemed properly given and effective upon (i) actual delivery, if delivery is by hand, upon receipt by the transmitting party of confirmation or answer back, if delivery is by telex, telegram or facsimile, or 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 (ii) if you have provided an email address, to you immediately upon transmittal of an email to such email address.

If to Caddis:

Caddis Partners, LLC
Healthcare Real Estate & Investments
Attn: Office Manager
5910 N. Central Expressway, Suite 200
Dallas, Texas 75206
F 469.547.5422

XIII. Miscellaneous

These Terms of Use represent the entire agreement between you and Caddis with respect to the subject matter hereof and supersedes any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. All matters in connection with these Terms of Use and all actions contemplated thereby, shall be governed by the laws of the State of Texas, without reference to its conflict of law rules and as if this was a contract wholly entered into and wholly performed within the State of Texas; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.

By accessing, viewing, or using the services, works, Content, or materials on the Website, you consent and agree;  (i) that any action or proceeding with regard to any breach or threatened breach of these Terms of Use (including any injunction seeking the restraint of such breach or threatened breach) shall be brought in the State of Texas; (ii) accept service of process by personal delivery or mail; and (iii) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Caddis shall not be liable for delays or failure to make the Website, including, without limitation, the Content, available if due to any cause or conditions beyond Caddis’s reasonable control reasonable control, including, but not limited to, delays or failures due to acts of God, acts of civil or military authority, fire, flood, strikes, wars, failure of the internet backbone or shortage of power. Caddis agrees to make the Website available hereunder as an independent contractor, and in no event shall the employees and/or agents of Caddis or any of the other Caddis Parties be deemed your employees and/or agents.

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