Last Updated: April 8, 2025
Agreement to Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING ANY RIALTO MANAGEMENT GROUP, LLC WEBSITES (INCLUDING WWW.RIALTOCAPITALCOM, HTTPS:// INVESTORS.RIALTOCAPITAL.COM, HTTPS://INVESTORS.HINES-RIALTO.COM AND HTTPS://MYLOANS.RIALTO.COM) (COLLECTIVELY, THE “WEBSITES”). THE TERMS “RIALTO CAPITAL”, “WE”, “US”, OR “OUR” REFERS TO RIALTO MANAGEMENT GROUP, LLC, A DELAWARE LIMITED COMPANY, AND ITS AFFILIATES, INCLUDING RIALTO CAPITAL MANAGEMENT, LLC (“RCM”) AND RIALTO CAPITAL ADVISORS, LLC.
BY USING ANY OF THE WEBSITES YOU, WHETHER IN AN INDIVIDUAL CAPACITY OR ON BEHALF OF THE BUSINESS CLIENT YOU REPRESENT, AGREE TO BE BOUND BY THESE TERMS OF USE, TOGETHER WITH ANY DOCUMENTS THAT THEY EXPRESSLY INCORPORATE BY REFERENCE (INCLUDING OUR PRIVACY POLICY, AVAILABLE AT [privacy policy link]1 (THE “PRIVACY POLICY”), WHICH IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE), AND ANY ALL DISCLAIMERS AND TERMS AND CONDITIONS THAT APPEAR ELSEWHERE ON THE WEBSITES NOW OR IN THE FUTURE (COLLECTIVELY, THESE “TERMS OF USE”). THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WEBSITES, INCLUDING, FOR EXAMPLE, ANY AND ALL DOCUMENTS, MATERIALS, CONTENT AND FUNCTIONALITY PROVIDED ON OR THROUGH THE WEBSITES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE USING THE WEBSITES.
Your access to and use of the Websites is subject to these Terms of Use and all applicable laws and regulations. These Terms of Use constitute a legal agreement between you and Rialto Capital. The Websites are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Websites are not available to persons under age 18.
We may provide you with certain products or services that have additional terms and conditions (including, for example, terms of use and/or privacy terms, policies or notices) that apply in connection with your use of such products or services. In the event of any conflict between these Terms of Use and any such additional terms and conditions, such additional terms and conditions will govern in relation to your use of such products or services.
Updates to Terms of Use
Ownership of Content
The Websites and any and all of the documents, information, content, data, materials and functionality contained therein, including, for example, text, graphics, charts, audio, video, logos, images, data compilations, icons, code and software, any information generated from the Websites, any information derived from the information and materials contained therein, as well as the software used to make the Websites available (collectively, “Content”), and any and all intellectual property rights in such Content, are the property of Rialto Capital or its licensors and are protected by U.S. and international laws. Other than as expressly set forth herein, you do not acquire any right, title or interest in any Content by virtue of accessing the Websites or making use of the Content. You may not take any action inconsistent with Rialto Capital’s (or any applicable licensor’s) ownership of the Websites or the Content.
All trademarks, service marks, trade names, trade dress and other product and service names and logos (collectively, “Marks”) displayed in the Websites are proprietary to Rialto Capital, including, for example, all registered and unregistered trademarks and service marks of Rialto Capital. If the Websites include any Marks of any third parties, such Marks are the proprietary marks and names of their respective owners. You agree not to use any Rialto Capital Marks or any third-party Marks without the express prior written consent of Rialto Capital or the applicable rightsholder. Notwithstanding any of the foregoing, any and all goodwill arising out of your use of the Rialto Capital Marks shall inure to the benefit of and belong to Rialto Capital. No license to any such Marks is granted in connection with the limited right to use Content as set forth herein. Access to the Websites does not authorize anyone to use any Marks in any manner. You also will not use any Mark of any company or organization in a way that is likely or intended to cause confusion with any Rialto Capital Marks. Any rights to the Websites, the Content and any and all related intellectual property rights not expressly granted herein are hereby expressly reserved by Rialto Capital or its licensors, as applicable.
While using the Websites, you may be asked to and may provide feedback, commentary, information, or other content (collectively, “User-Provided Content”) to Rialto Capital. Any User-Provided Content you provide to Rialto Capital will be considered non-confidential and non-proprietary. You hereby grant to Rialto Capital a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display and distribute any User-Provided Content provided through the Websites; and acknowledge and warrant that you have the right and authority to provide such license to Rialto Capital. You understand and acknowledge that you are responsible for any User-Provided Content that you submit or contribute, and you, not Rialto Capital, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Rialto Capital is not responsible, or liable to any third party, for the content or accuracy of any User-Provided Content posted by you or any other user of the Websites. Rialto Capital has the right to disclose your identity or other information about you to any third party who claims that any material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Use Limitations
The Websites and the Content are only for your personal and non-commercial use or for the internal business uses of the business client that you represent, as applicable. Rialto Capital hereby grants you a non-exclusive, non-transferable, revocable and limited personal license to access, store, display, analyze, reformat, print, download and use the Websites and the Content only for such purposes, conditioned on your continued compliance with these Terms of Use. You may print one hard copy of the Content and download one temporary copy of the Content into one single computer’s memory solely for your own personal, non-commercial use, or for internal business purposes, as applicable, provided that all relevant copyright, trademark and other proprietary notices are kept intact.
The Websites may contain information which is confidential, proprietary or legally privileged within the meaning of applicable law, and as such, no such Content may be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without the express prior written consent of Rialto Capital. You expressly agree to hold any such Content in strictest confidence and to use the highest degree of care to safeguard such confidential information. If you are accessing the Websites on behalf of a business client, you are not permitted to reproduce, republish, upload, post, transmit or otherwise distribute any such Content, in whole or in part, in any form outside of your organization, other than to agents or representatives who are acting on your behalf and that have agreed in writing to maintain its confidentiality.
You may not use, modify, copy, distribute, transmit, display, perform, reproduce, print, publish, license, create derivative works from, transfer, or sell any Content or any products or services obtained from the Websites, other than as expressly permitted in these Terms of Use or otherwise by Rialto Capital in writing. Without limiting the foregoing, you are prohibited from using the Websites or the Content to advertise or perform any commercial solicitation, or for other public or commercial purposes, without Rialto Capital’s prior written consent. You may not link other websites to any of the Websites without Rialto Capital’s prior written permission. You may not post or upload any content to the Websites that is unlawful, defamatory, libelous, inaccurate or that a reasonable person would deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful or otherwise inappropriate. You also are prohibited from using any robot, spider, scraper or other automated means to access the Websites for any purpose (including, for example, monitoring or copying any Content) without the prior written permission of Rialto Capital. Tampering with any portion of the Websites or the Content, providing untruthful or inaccurate information, misrepresenting your identity, or conducting illegal or fraudulent activities in or using the Websites or the Content (or encouraging or assisting others to do any of the foregoing) are prohibited and constitute a breach of these Terms of Use.
Further, you are prohibited from violating or attempting to violate the security of the Websites, including, for example:
(a) accessing data not intended for you, logging onto a server, computer, database or account which you are not authorized to access or interfering with, damaging or disrupting any parts of the foregoing or the Websites;
(b) disabling, removing, defeating, or avoiding any security device or system, including, for example, the password and login functionality used to authenticate users;
(c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(d) attempting to interfere with the proper working of the Websites or service to any user, host or network, including, for example, via means of submitting a virus, trojan horse, worm, time bomb, logic bomb or other malicious agent to the Websites, overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” or attacking the Websites via a denial-of-service attack or distributed denial-of-service attack;
(e) sending unsolicited email, including, for example, promotions and/or advertising of products or services;
(f) forging any transmission control protocol/Internet protocol packet header or any part of the header information in any email or posting;
(g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, for example, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available in the Websites and other than generally available third-party web browsers;
(h) reverse engineering, deleting, decomposing, deconstructing, decompiling or disassembling any portion of the Websites or the Content or the underlying software, models or data;
(i) removing, obscuring, or altering any Marks, notices, warnings, labels, annotations or instructions from any portion of the Websites or any related, downloaded or printed material or other Content, including, for example, any patent, trademark, copyright, or other proprietary notices or license provisions;
(j) using any Content in connection with, or to develop or train, any large language model, neural network, or artificial intelligence (including, for example, any form of generative artificial intelligence);
(k) using the Websites or the Content, or encouraging or assisting others to use the Websites or the Content, to violate any law, regulation, rule or the intellectual property or contractual rights of others;
(l) impersonating any person or entity, including, for example, any representative of Rialto Capital, falsely stating or otherwise misrepresenting affiliation with any person or entity in connection with the Websites, or expressing or implying that Rialto Capital or any representative thereof has endorsed you or any of your statements or any third party; or
(m) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Websites.
Rialto Capital hereby reserves the right to monitor any and all use of the Websites and may, without notice, in its sole discretion, change or disable your access to the Websites at any time for any reason it deems advisable or appropriate. Any violations of system or network security, including, for example, attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including, for example, charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations (including, for example, by reporting any activity relating to the Websites or the Content to regulators, law enforcement officials or any other entities that we deem appropriate). We may, without prior notice of any kind, restrict or terminate the access of any and all users of the Websites, or otherwise take any and all appropriate actions, if we reasonably conclude that (i) you or any user engaged or attempted to engage in any of the activities identified in (a) through (m) above in the previous paragraph or (ii) such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction. In the event that we restrict or terminate access under these circumstances, in our sole discretion, we will use commercially reasonable efforts to restore access and use for proper purposes. You expressly agree to comply with any and all security procedures, guidelines, standards and other requirements prescribed by us in connection with your access to and use of the Websites and the Content. You further agree to cooperate with any reasonable request made by Rialto Capital in order to respond to any inquires made by any third-party service providers, exchanges, or other regulatory, self-regulatory or governmental authorities in connection with the Websites or the Content.
Account Security
Accessing certain of the Websites may require you to register and may otherwise require you to provide certain information. You may choose not to provide such information, but your ability to access all or certain areas or features of such Websites may be limited. It is a condition of your use of such Websites that all information you provide on thereon is correct, current and complete. You agree that any personal information you provide to register with the Websites or otherwise, including, for example, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to any and all actions we take with respect to your personal information consistent with our Privacy Policy.
You may not allow others to use your user name or password, any security questions and answers or any other information relating to any personal account that you create on the Websites (your “Account”) to access or use any part of the Websites. If your password, user name or other Account information has been compromised for any reason, you should contact Rialto Capital immediately for a new password or to implement other corrective action. You are solely responsible for all actions taken in respect of your user name and password and other Account information, for logging off your Account and any protected areas of the Websites when you finish a session and for restricting access to your computers and devices.
All information on the non-public (i.e., password-restricted) areas of the Websites is confidential and private, and is made available solely for your personal or internal business use, as applicable, in connection with your investment activities, and you may not disclose or distribute any such information to any other person or entity for any purpose, other than to agents or representatives who are acting on your behalf and that have agreed in writing to maintain its confidentiality.
Each of your Accounts is subject to our approval. We have no obligation to provide Accounts or any products or services to you. We have the right to disable any Account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, with or without notice, for any or no reason, including (for example) if, in our opinion, you have violated any provision of these Terms of Use.
You expressly consent to the delivery and receipt of notices, alerts and other documents, including, for example, alerts about certain security or other activity, on the Websites and/or using other electronic channels or devices (including, for example, email, text or push notification).
Representations
As a condition to your use of the Websites and the Content, you hereby represent and warrant to Rialto Capital that, in addition to any other representations and warranties contained in these Terms of Use:
- Any and all of the information that you provide in connection with the Websites and the Content shall be truthful, accurate and complete;
- You will not use the Websites or the Content for any purpose that is unlawful, in breach of any applicable regulations or prohibited by these Terms of Use;
- You have the sophistication, expertise and investment knowledge required by applicable laws and regulations to qualify as a professional/qualified/sophisticated (as applicable) investor in your home jurisdiction and, by extension, to evaluate the Content;
- If you are investing for others, making investment decisions for others or offering the products available on the Websites to others, you have the ability and expertise to determine and will determine, prior to purchasing or offering such products to others, that the products you have selected are suitable and appropriate for your customers and that your customers are eligible to invest in the products you have selected;
- You (and, if applicable, any business clients on whose behalf you are acting) are a resident in a jurisdiction which permits you to view the Content and use the services provided by or through the Websites; and
- You (i) accept these terms on your own behalf as an individual and on behalf of the authorized client on whose behalf you are accessing the Websites or the Content, (ii) have the authority to bind the party on whose behalf you are accessing the Websites or the Content, and/or (iii) are acting at the express instruction of the authorized client on whose behalf you are accessing the Websites or the Content and agreeing to these Terms of Use.
Investment Disclaimer
You hereby acknowledge that the Websites and the Content are for general informational purposes only. Dated Content speaks only as of the date indicated. Under no circumstances should any Content, or other information or materials presented on the Websites, be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, loans, investments or other services. Such information includes opinions, observations and/or assumptions that involve significant elements of subjective judgment and analysis and does not constitute investment, legal, tax or other advice. Decisions based on the Content are the sole responsibility of the user. Any reliance you place on such information is therefore strictly at your own risk, and you agree that Rialto Capital is not liable for any action you take or decision you make in reliance on any Content. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. Rialto Capital will not treat users of the Websites as its partners, clients, customers or investors by virtue of their accessing the Websites.
While we endeavor to keep the Websites and the Content up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Websites or the Content, or the products or services contained in the Websites, for any purpose.
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. Any references to past performance or activities of Rialto Capital or its personnel are provided for illustrative purposes and are not indicative of future results that may be obtained by Rialto Capital or its personnel. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Moreover, wherever there is the potential for profit there is also the possibility of loss. Certain of Rialto Capital’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.
No Warranties; No Responsibility to Update
NEITHER RIALTO CAPITAL NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGING DIRECTORS, PARTNERS, EMPLOYEES, ASSOCIATED PERSONS OR AGENTS (COLLECTIVELY, THE “RIALTO PARTIES”) MAKES ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, THE RIALTO PARTIES HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITES OR THE CONTENT OR THESE TERMS OF USE, INCLUDING, FOR EXAMPLE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR ANY WARRANTY WITH RESPECT TO THE USE, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY OF THE WEBSITES OR THE CONTENT OR THAT USE OF THE WEBSITES OR THE CONTENT WILL NOT INFRINGE, MISAPPROPRIATE OR VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS. RIALTO CAPITAL CANNOT ENSURE THAT THE WEBSITES OR THE CONTENT (INCLUDING, FOR EXAMPLE, FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD THEREON WILL BE FREE OF ERRORS, DEFECTS, VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE WEBSITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE WEBSITES AND THE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR SOLE RISK. THE WEBSITES AND THE CONTENT MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. NONE OF THE RIALTO PARTIES NOR ANY OF THEIR SERVICE PROVIDERS SHALL HAVE ANY RESPONSIBILITY TO MAINTAIN THE WEBSITES OR THE CONTENT OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH. FURTHER, NONE OF THE RIALTO PARTIES NOR ANY OF THEIR SERVICE PROVIDERS WILL HAVE ANY RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY THE RIALTO PARTIES OR THIRD PARTIES WITH RESPECT TO THE USE OF THE WEBSITES OR THE CONTENT OR TO TAKE ANY ACTION IN CONNECTION THEREWITH. YOUR USE
OF THE WEBSITES AND THE CONTENT OR INABILITY TO USE THE WEBSITES OR THE CONTENT IS AT YOUR OWN RISK. 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 THE WEBSITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. HOWEVER, NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR RESTRICT ANY DUTY OR LIABILITY THAT RIALTO CAPITAL HAS UNDER THE REGULATORY SYSTEM UNDER APPLICABLE LOCAL REGULATORY RULES OR WHICH MAY NOT BE EXCLUDED OR RESTRICTED AS A MATTER OF APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL ANY RIALTO PARTY OR ANY SERVICE PROVIDERS OF THE WEBSITES OR THE CONTENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING, FOR EXAMPLE, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR PENALTIES WHATSOEVER, DAMAGES FROM DELAY OF DELIVERY, LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES (COLLECTIVELY, “DAMAGES”) (i) ARISING FROM OR RELATING TO THE CORRUPTION, DAMAGE OR RECOVERY OF DATA, FROM BREACHES OF DATA OR SYSTEM SECURITY, OR FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THE WEBSITES OR THE CONTENT OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN THE WEBSITES AND YOU, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY RIALTO CAPITAL OR A THIRD PARTY SERVICE PROVIDER, (ii) FOR ANY DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE WEBSITES OR THE CONTENT OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THE WEBSITES OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS MADE THROUGH THE WEBSITES OR (iii) OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE WEBSITES OR THE CONTENT, INCLUDING, FOR EXAMPLE, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, OR DELAYS THEREOF, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING, FOR EXAMPLE, NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF ANY OF THE RIALTO PARTIES OR THEIR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IF YOU ARE DISSATISFIED WITH THE WEBSITES OR THE CONTENT OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE WEBSITES AND THE CONTENT. IN NO EVENT SHALL ANY OF THE RIALTO PARTIES’ CUMULATIVE TOTAL LIABILITY TO YOU UNDER THESE TERMS OF USE FOR ANY AND ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN DOLLARS ($10.00).
References to Publications and Other Companies
References to any publication or any other company in the Websites are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Rialto Capital or that Rialto Capital endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Rialto Capital.
Links to Third-Party Websites
The Websites may contain hyperlinks to websites operated by parties other than Rialto Capital, which Rialto Capital may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. Rialto Capital does not control such websites, and Rialto Capital assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services, or their terms of use or privacy policies. We have no control over the nature, content and availability of those sites. Such hyperlinks are provided for your convenience only. Rialto Capital’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Rialto Capital makes no representations whatsoever about these third-party websites and expressly disclaims responsibility for any damages that may arise from your use of them. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. You are advised to review the terms of use and privacy policies of any third-party website that you visit. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Copyright Infringement Notification
Rialto Capital is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Rialto Capital will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
Pursuant to the DMCA, notifications of claimed copyright infringement in respect of the Websites should be sent to Rialto Capital’s designated agent by email to legal@rialtocapital.com
For a complaint to be valid under the DMCA, the complaining party must provide all of the following information in a written communication to Rialto Capital’s designated agent when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Rialto Capital to locate the material on the Websites;
- Information reasonably sufficient to permit Rialto Capital to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including, for example, costs and attorneys’ fees. Rialto Capital suggests that you consult your legal advisor before filing a notice. Please note that Rialto Capital may terminate any user who it reasonably believes to be a repeat copyright infringer.
Termination and Cancellation
These Terms of Use are effective unless and until terminated by either you or Rialto Capital. You may terminate these Terms of Use at any time with notice to Rialto Capital, whereupon you must immediately cease using or accessing the Websites and the Content. Rialto Capital may terminate these Terms of Use, in Rialto Capital’s sole discretion, at any time and deny you access to the Websites and the Content. Upon any termination of these Terms of Use by either you or Rialto Capital, or if you cease to invest with Rialto Capital, you must promptly destroy all reasonably accessible copies of Content downloaded or otherwise obtained from the Websites, whether made under these Terms of Use or otherwise, except to the extent necessary to comply with any applicable laws and regulations. Notwithstanding any termination of these Terms of Use, the provisions which by their nature should survive termination of these Terms of Use shall survive any such termination, including, for example, the following: Ownership of Content, Representations, Investment Disclaimers, No Warranties; No Responsibility to Update, Limitation of Liability, Termination and Cancellation, Indemnity, Dispute Resolution; Jurisdictional Issues; and Applicable Law, and General.
Indemnity
You hereby agree, at your own expense, to indemnify, defend and hold harmless the Rialto Parties and their distributors, licensors, service providers, suppliers, licensees and successors and assigns from and against any and all judgments, awards, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, for example, attorneys’ fees and expenses) incurred in connection with, arising out of or in any way related to your violation of these Terms of Use (including the Privacy Policy), your use of or access to or inability to use or access the Websites, the Content or any product or service related to the foregoing, or any of your other acts or omissions in connection with any of the foregoing.
Use of the Websites Outside the United States
Unless otherwise specified, Rialto Capital controls and operates the Websites from its offices within the State of Florida, United States of America, and the Content is directed at residents of the United States. Rialto Capital does not claim that the Websites or the Content are appropriate or available for use in locations other than the United States. If you choose to access the Websites or the Content from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Further, RCM is a registered investment adviser. RCM may only transact business or render personalized investment advice in those states and international jurisdictions where it is registered/filed notice or otherwise excluded or exempted from registration requirements. Any communications with prospective clients residing in states or international jurisdictions where RCM and its advisory affiliates or registered representatives are not registered or licensed shall be limited so as not to trigger registration or licensing requirements.
USE OF THE WEBSITES OR THE CONTENT MAY BE RESTRICTED BY LAW AND/OR REGULATIONS IN CERTAIN JURISDICTIONS. THE WEBSITES AND THE CONTENT ARE NOT TO BE ACCESSED (AND NO CONTENT MAY BE DOWNLOADED, STORED AND/OR USED BY), AND ARE NOT INTENDED FOR ANY
PERSON RESIDENT, IN ANY LOCATION OR JURISDICTION WHERE SUCH USE MAY BE CONTRARY TO LOCAL LAW, REGULATION OR BUSINESS PRACTICES. RIALTO CAPITAL HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY IF YOU ACCESS OR USE THE WEBSITES OR THE CONTENT, OR DOWNLOAD ANY CONTENT, IN VIOLATION OF ANY LAW OR REGULATION IN THE JURISDICTION OF WHICH YOU ARE A CITIZEN OR IN WHICH YOU ARE RESIDING OR DOMICILED.
Use of the Websites or the Content is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, for example, this section.
Dispute Resolution; Jurisdictional Issues; and Applicable Law
These Terms of Use, any and all matters relating to the Websites or the Content, and any action, dispute, proceeding, claim or controversy (collectively, “Claim”) arising therefrom or relating thereto (in each case including, for example, non-contractual Claims) are governed by the laws of the State of Florida applicable to contracts to be performed wholly within such state, without giving effect to any choice or conflict of law provision or rule. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City of Miami, Florida and waive any objection to such courts, including, for example, on the basis of personal jurisdiction, venue or inconvenience of the forum.
You agree that Rialto Capital may, in its sole discretion, require you to submit all Claims arising under or relating to your access and use of the Websites, the Content or these Terms of Use to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If so requested by us, the arbitration is to be conducted in the State of Florida. Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any award, order or judgment. Any award, order or judgment pursuant to any arbitration is final and may be entered and enforced in any court of competent jurisdiction.
WE AND YOU, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT EITHER OF US MAY HAVE TO A TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE WEBSITES OR THE CONTENT, THESE TERMS OF USE AND ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER OR ORAL OR WRITTEN) OR ACTION RELATED THERETO. THIS WAIVER APPLIES TO ANY CLAIM, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Rialto Capital as a result of these Terms of Use or access or use of the Websites or the Content.
Rialto Capital’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of Rialto Capital’s right to comply with law enforcement requests or requirements relating to your use of the Websites, the Content or any information provided to or gathered by Rialto Capital with respect to such use.
If any provision of these Terms of Use is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that comes closest to the intent underlying the invalid, illegal or unenforceable provision. The failure of Rialto Capital to require performance of any provision or to act with respect to a breach of these Terms of Use does not constitute a waiver and will not limit Rialto Capital’s rights with respect to any such provision, such breach or any subsequent breaches. You may not assign, transfer or sublicense these Terms of Use, any or all of your rights under these Terms of Use, or delegate any of your obligations under these Terms of Use. Any such attempted assignment, transfer, sublicense or delegation is void. We may freely assign, transfer or sublicense any or all of our rights or these Terms of Use or delegate any of our obligations under these Terms of Use. Notices to you may be made via posting to this website, by email, or by regular mail in Rialto Capital’s discretion. A printed version of these Terms of Use and any notice given in electronic form is admissible in judicial or administrative proceedings relating to these Terms of Use to the same extent as in printed form. Use of paragraph headers in these Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions.
These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and Rialto Capital with respect to the Websites and the Content, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rialto Capital with respect to the same. Rialto Capital may amend these Terms of Use as set forth herein. You may not amend or modify these Terms of Use. You agree to be bound by any agreement or consent you transmit to or through the Websites via any media or electronic device, including, for example, internet, telephone and wireless devices.
Contact Us
If you have any questions or concerns about these Terms of Use, the Websites or the Content, you can contact us:
For rialtocapital.com, investors.rialtocapital.com and investors.hines-rialto.com:
By post:
Rialto Capital, Attn: Investor Relations
200 S. Biscayne Blvd., Suite 3550, Miami, FL 33131
By phone: +1 (305) 485-2077
By email: investorrelations@rialtocapital.com
For myloans.rialtocapital.com:
By post:
Quantum Servicing Corporation
4902 Eisenhower Blvd., Ste 350
Tampa, FL 33634
By email: loaninquiries@rialtocapital.com
By phone: (888) 347-2550
