LDR Capital Management invests in the publicly-listed preferred shares of REITs. Our investment objectives are capital preservation, providing a high quality, consistent income stream, and the generation of attractive risk adjusted returns.

LEGAL DISCLAIMER

LDR Capital Management, LLC

Terms of Use

Revised September 22, 2017

Acceptance of the Terms of Use

These Terms of Use constitute a legally binding agreement between LDR Capital Management, LLC (“LDR”, “us” or “our”) and you, the user (“you” and the correlative “your”) of the LDR web site www.ldrcapitalmgmt.com (the “Site”).  By accessing the Site you acknowledge and agree that you have read and agree to the Terms of Use and our Privacy Policy, which is incorporated herein by reference.  These Terms of Use and our Privacy Policy govern your use of the Site.  Please read the Terms of Use carefully.  If you do not agree with the Terms of Use or the Privacy Policy, you must not use the Site.

The Site is offered and available to users who are 13 years of age or older and reside in the United States.  By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

LDR reserves the right to amend the Terms of Use in its sole discretion.  LDR will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting.  We recommend that you regularly re-visit the Site to review the revised terms or policies so you are aware of any changes as they are binding on you.  Your continued use of the Site after posting of any such changes constitutes your acceptance of the new terms and policies.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site and any service or material we provide on the Site in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site and
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use.  You acknowledge and agree that you shall not directly or indirectly use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing); and/or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Frame or hyperlink the Site or any portion thereof without prior written consent of LDR;
  • Remove any proprietary notices from the Site or any copy thereof;
  • Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by LDR with respect to the Site and/or data accessed, transmitted, processed, or stored by LDR and/or any third party including clients and customers of LDR; or
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Otherwise attempt to interfere with the proper working of the Site.

Use of the Site; Regulatory Disclosures

The content of this Site, including Think Pieces and Scorecards, is for general, informational purposes.  Neither LDR nor its parents, subsidiaries, and other affiliates and each of their respective officers, directors, agents, employees, contractors, successors, assigns and/or other representatives (collectively, “LDR”), makes any representation and/or warranty, express or implied, as to the accuracy or completeness of the information contained herein.

 

The information is in a presentation format and therefore, are very limited in their scope and not meant to provide a comprehensive description or discussion of the topics mentioned herein.  The information should not be construed as providing any type of investment, legal, tax or other advice to you and must not be relied upon as such, nor should you consider it as a solicitation, recommendation, endorsement or offer to you to purchase or sell any financial security or other financial instrument.  To the extent that any of the content published on this website may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.  Your use of this website and its information does not create an investment advisory, fiduciary, or professional services relationship between you and LDR.  You should consult your own professional advisors as to the suitability of, and legal, tax and economic consequences of, an investment in such instruments.

 

Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited by reason of that person’s nationality, residence or otherwise. Any user subject to these restrictions must not access the Website.

 

 

The information contained herein are current only as of the date appearing on the first page of the Think Pieces and presentations.  The information and opinions are provided by LDR for informational purposes only and are subject to change without notice and are based upon numerous factors, such as further analyses, changes in economic, market, political and other conditions that may impact the securities markets.  There is no assurance that such views are correct or will prove, with the passage of time, to be correct.  LDR disclaims any obligation to update this information to reflect subsequent developments.  No representations or warranties, expressed or implied, are made as to the accuracy, reliability or completeness of information in the Think Pieces or presentations nor as to the appropriateness of the information for any use which any recipient may choose to make of it.

 

The information provided on this Site may not be reproduced, distributed, or communicated, in whole or in part, to any third party without the express written consent of LDR.  The information contained herein are current only as of the date appearing on the first page of the Think Pieces and presentations.  The information and opinions are provided by LDR for informational purposes only and are subject to change without notice and are based upon numerous factors, such as further analyses, changes in economic, market, political and other conditions that may impact the securities markets.  There is no assurance that such views are correct or will prove, with the passage of time, to be correct.  LDR disclaims any obligation to update this information to reflect subsequent developments.  No representations or warranties, expressed or implied, are made as to the accuracy, reliability or completeness of information in the Think Pieces or presentations nor as to the appropriateness of the information for any use which any recipient may choose to make of it.  Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.  Indeed, wherever there is the potential for profit, there is also the possibility of loss.

 

The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of LDR.  Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon.  In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects, or returns, which should be regarded as illustrative only, or that any profits will be realized.  Actual events or results or actual performance of any investment referred to on the Site may differ materially from those reflected or contemplated in such forward-looking statements.  As a result, neither you nor any other party should rely on such forward-looking statements in making your or any other party’s investment decisions.  No representation or warranty is made as to future performance or such forward-looking statements.

 

Index comparisons are provided for illustrative purposes only.  The indices presented herein are not representative of any LDR account and no such account will seek to replicate an index.  You cannot invest directly in an index and investors should not rely on them as an accurate means of comparison.

 

At various times LDR’s clients, principals, employees, agents and representatives of LDR may own, buy or sell the securities discussed on this site for purposes of investment or trading.  Mr. Raiman’s rankings are not indicative of the future performance of LDR and may not be representative of any one advisory client’s experience.

 

Risks You Assume

While we intend to make commercially reasonable efforts to provide accurate information, the Site may not be accurate and we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate.  You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

These Terms of Use apply only to the Site and not to other websites that may be accessible from the Site and LDR shall not be responsible for the content of any third-party website accessible from the Site.  Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with LDR.  If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the terms of use, terms of service, privacy policies and any other user or customer agreements of all other websites that you visit as such policies and agreements (rather than these Terms of Use) will govern your use of those websites.

Ownership

The trademarks, trade names, service marks, trade dress, logos, and other indicia of source (each a “Trademark” and collectively the “Trademarks”) found on the Site and any and all information and content available through the Site including graphics, logos, articles, and other materials (collectively, “Content”) are proprietary to LDR and/or its licensors and are protected by intellectual property rights and unfair competition and other laws.  The Trademarks may be registered or unregistered trademarks of LDR or others.  You may not use any Trademark or Content without the express prior written permission of the owner (whether LDR or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission, or right to use any Mark or Content.  Any unauthorized or prohibited use of the Trademarks or Content may subject the offender to civil and criminal liability under applicable laws and regulations.

Disclaimer of Warranties

YOUR USE OF THE SITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SITE IS AT YOUR OWN RISK.  THE SITE, ITS CONTENT AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER LDR NOR ANY PERSON ASSOCIATED WITH LDR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.  WITHOUT LIMITING THE FOREGOING, NEITHER LDR NOR ANYONE ASSOCIATED WITH LDR REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You understand that LDR cannot and does not guarantee, represent or warrant that files available for downloading from the internet or the 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.

YOU AGREE THAT LDR 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 OR OTHER MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

LDR does not assume any liability or responsibility for the Site or the Content.  LDR is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.

IN NO EVENT WILL LDR AND/OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, THE CONTENT ON THE SITE OR ANY CONTENT ON SUCH OTHER WEBSITES OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify, and hold LDR, its parents, subsidiaries, and other affiliates and each of their respective officers, directors, agents, employees, contractors, successors, assigns and other representatives (“Representatives” harmless from and against any and all claims, demands, liabilities, losses, damages, costs, or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use.  LDR reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify LDR for all damages and losses.  You agree to provide LDR with whatever cooperation it reasonably requests.

Privacy

Your privacy is very important to us at LDR.  To better protect your rights we have provided the LDR Privacy Policy at to explain our privacy practices in detail.

International Use

LDR makes no representation that the use of the Site outside of the United States is appropriate or lawful.  Accessing this Site from countries or territories where such access is illegal is prohibited.  If you access this Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regard internet usage.  LDR’ databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site; and/or
  • Terminate or suspend your access to all or part of the Site at any time without notice for any or no reason, including for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who has visited the Site.

YOU WAIVE AND INDEMNIFY, DEFEND AND HOLD HARMLESS LDR AND ITS REPRESENTATIVES FROM ANY CLAIM RESULTING FROM ANY ACTION TAKEN BY LDR AND/OR ITS REPRESENTATIVES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY LDR AND/OR ITS REPRESENTATIVES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Miscellaneous

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and LDR with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect.  The failure of LDR at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.  The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law rules.  Any legal proceeding arising out or relating to the Terms of Use against or relating to LDR or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York, NY and you irrevocably consent to the jurisdiction of such courts.  The terms and conditions set forth in the Terms of Use and any agreements included or referred to in the Terms of Use constitute the final, complete, and exclusive agreement with respect to the Site and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.

Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use.  The word “including” means “including without limitation.”

Your Comments and Concerns

If you have any questions or concerns about the Terms of Use or any issues raised in the Terms of Use or on the Site, please contact LDR at info@ldrcapitalmgmt.com (646) 927-5800.