STORE WEBSITE TERMS OF USE AGREEMENT

1. General
The following STORE website terms of use agreement (the “Terms of Use”) govern your use of and access to STORE Capital Corporation’s (“STORE”) website (the “Website”) and any and all content, data and information contained therein. YOUR USE OF THE WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY STORE IN ITS ABSOLUTE AND SOLE DISCRETION WITHOUT NOTICE TO YOU. SUCH CHANGES WILL BECOME EFFECTIVE AND BINDING ON YOU IMMEDIATELY UPON USING THE WEBSITE AND YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES BY YOUR CONTINUED USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

2. STORE Capital Corporation
This Website is presented by STORE and its subsidiaries which own various real estate investments. Each of STORE’s subsidiaries is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on this Website. The products and services included on this Website may be offered by any of STORE’s subsidiaries. Please note that these products and services may change at any time.

3. Modifications of The Terms of Use
We reserve the right to change, modify, amend and/or update these Terms of Use at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by these Terms of Use as so changed, modified, amended and/or updated. You are responsible for reviewing these Terms of Use each time you use or access the Website.

4. Links
We are not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site. You are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.

5. Use
The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by STORE or by third parties and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is the exclusive property of STORE or its licensors and is protected by U.S. and international copyright laws. You acknowledge and agree that nothing contained in these Terms of Use shall be construed as a license to use the copyrights, patents, trademarks, service marks, trade name, trade dress or other intellectual property of STORE or its affiliates. You further acknowledge that you will not reference STORE in any promotional materials or press releases without the prior written consent of STORE, which permission may be withheld or withdrawn in STORE’s sole discretion. In addition, you agree not to: (a) use or access this Website for any purpose that is unlawful or prohibited by these Terms of Use; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any STORE computer network or server maintained by STORE or its vendors; (c) interfere with any third party’s use and enjoyment of this Website; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any STORE server through hacking, password mining or any other means.

6. Disclaimer
THIS WEBSITE IS PROVIDED BY STORE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

7. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL STORE OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF STORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT STORE, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

8. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD STORE AND ITS SHAREHOLDERS, MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, CAUSES OF ACTION, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

9. Terms and Termination
STORE shall have the right to suspend or terminate your access to, and use of, the Website immediately, in its sole discretion, with or without notice, for any or no reason. STORE also reserves the right to investigate suspected violations of this Terms of Use, including without limitation any violation arising from any submission, posting or emails you make or send to the Website.

Upon termination of these Terms of Use, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will: (a) immediately discontinue use of the Website(s); and (b) as applicable, pay any amounts owed to STORE in full within thirty (30) days from the date of such termination. You hereby release STORE from any and all claims, damages, liabilities, causes of action, costs and expenses arising out of the suspension or termination of your access to this Website.

10. Applicable Laws
These Terms of Use shall be governed by and construed under the laws of the State of Arizona, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN MARICOPA COUNTY, ARIZONA. YOU WAIVE ANY OBJECTION BASED ON LACK OF JURISDICTION, PLACE OF RESIDENCE, IMPROPER VENUE OR FORUM NONCONVENIENCE IN ANY ACTIONS.

11. Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

12. Submissions
All remarks, suggestions, ideas, graphics, or other information communicated by you to STORE through the Website (collectively, the “Submission”) will forever be the property of STORE and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. STORE will not be required to treat any Submissions as confidential (unless required by law or if STORE has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future STORE operations. Without limitation, STORE will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing ownership to STORE. You further warrant and represent that each Submission will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.

You agree that STORE reserves the right, but does not assume the obligation, to review any Submission for compliance with these Terms of Use. You agree that STORE, reserves the right, but does not assume the obligation, to remove, filter, block or edit any Submission, in whole or in part, for any or no reason. Notwithstanding the foregoing, you acknowledge and agree that STORE is not responsible for removing, filtering, blocking or editing any content, information or communication on this Website, and that you may encounter content, information or communications on this Website that you may deem offensive or unwanted. You further acknowledge and agree that you are solely responsible for installing any filtering software and implementing any protections you deem to be appropriate to protect yourself and anyone you allow to access this Website, including but not limited to minor children, from accessing, viewing or receiving content, information or communications that you deem offensive or unwanted. You hereby release STORE from any and all claims, damages, liabilities and causes of action arising out of the removal, filtering, blocking or editing of, or the failure to remove, filter, block or edit, any content, information or communications on this Website.

13. Email and Other Communications
In connection with your use of the Website, you consent to STORE recording any communication, electronic or otherwise, between you and STORE and retaining any information and data you submit while using the Website.

In using the Website, you may be permitted to communicate electronically with STORE by sending electronic mail to STORE; however, you acknowledge and agree that only general information or inquiries may be submitted to STORE via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to STORE via e-mail as STORE will not be responsible for responding to any such communications.

14. Investigations
STORE may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. STORE may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If STORE believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. STORE will fully cooperate with any law enforcement authorities or court order requesting or directing STORE to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. YOU WAIVE AND HOLD HARMLESS STORE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STORE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STORE OR LAW ENFORCEMENT AUTHORITIES.

15. DMCA Notice
If you are a copyright owner or an agent thereof and believe that any content, information or communication on this Website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of STORE and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on our Website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of infringement should be directed to STORE’ Designated Agent by emailing [E MAIL ADDRESS] and by mail to the following address:
STORE CAPITAL CORPORATION
8501 E. Princess Dr., Suite 190
Scottsdale, Arizona 85255
Attention: STORE DESIGNATED AGENT
Phone: (480) 256 1100
Fax: (480) 256 1101

If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this Website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this Website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. STORE will terminate your access to this Website in the event that STORE determines in its sole and absolute discretion that you have used our Website in a manner that qualifies you as a “repeat infringer” under the DMCA.

16. Miscellaneous
The failure of STORE to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit STORE’s rights with respect to such breach or any subsequent breaches. A waiver by STORE of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future. No waiver of any breach of these Terms of Use will be considered valid unless in writing.

Neither the course of conduct between the parties nor trade practice shall act to modify these Terms of Use.

STORE may assign its rights and duties hereunder to any party at any time without any notice to you. These Terms of Use may not be assigned by you without STORE’s prior written consent.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The contents of this Website constitute neither an offer to sell nor a solicitation of an offer to buy any security which can be made only by prospectus, filed or registered agencies, and sold only by broker/dealers authorized to do so.