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Terms & Conditions

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Securities Law and Offerings

  • Please consult your tax and/or your financial advisor for more information on how investment products of the type offered by Behringer Harvard may pertain to your particular investment strategy.
  • This Web Site contains forward-looking statements relating to the business and financial outlook of Behringer Harvard investment programs that are based on our current expectations, estimates, forecasts, and projections and are not guarantees of future performance. Actual results may differ materially from those expressed in these forward-looking statements, and investors should not place undue reliance on any such statements. A number of important factors could cause actual results to differ materially from the forward-looking statements contained in the facts detailed in this Web Site. Such factors include those described in the “Risk Factors” section of the latest applicable prospectus for the offering of Behringer Harvard real estate investment programs or the latest Annual Report or Form 10-K filed with the Securities and Exchange Commission by public Behringer Harvard real estate investment programs that are no longer in offering. Forward-looking statements in this Web Site speak only as of the date on which such statements were made, and Behringer Harvard undertakes no obligation to update any such statements that may become untrue because of subsequent events. Diversification does not ensure a profit or guarantee against a loss. There can be no assurance that the investment objectives described for any particular investment program will be achieved.
  • Investments in Behringer Harvard investment programs are subject to substantial risks. These risks include the following:
    • absence of a public market for these securities
    • lack of an operating history
    • absence of properties identified for acquisition
    • limited transferability
    • lack of liquidity
    • possibility of substantial delays before distributions are made
    • reliance on the program’s advisor or general partner
    • payment of significant fees to the advisor or general partner and its affiliates
    • potential conflicts of interest
    • lack of diversification in property holdings
    • potential development risks and construction delays
    • risk that the program does not achieve all of its objectives if it doesn’t fully complete its securities offerings
  • For more information about Behringer Harvard investment programs, including investment policies, charges, and expenses, ask your financial advisor for a free prospectus, or click here to view or download a prospectus, or call toll free at 866-655-3600. Please read any such prospectus carefully before you invest or send money. There can be no assurance that the objectives of any Behringer Harvard investment program will be achieved. There is no guarantee that past performance will be the same as future results. There is no assurance that a secondary market will exist for Behringer Harvard investment program securities.

Not an Offer to Sell Securities

The material in this Web Site does not constitute an offer to sell, nor a solicitation of an offer to buy the securities described herein. Such an offering is made only by means of a prospectus. This material must be read in conjunction with the applicable prospectus in order to understand fully all the implications and risks of any offering of securities to which it relates.

BEHRINGER HARVARD WEB SITE TERMS AND CONDITIONS

Behringer Harvard Holdings, LLC ("Behringer Harvard") makes this Web Site (“Web Site”) available to you, subject to the following terms and conditions: This Web Site is offered by Behringer Harvard as a convenience to: (1) users of the Web Site; and (2) a variety of legally and financially separate entities that make up Behringer Harvard and its parent companies, subsidiaries, affiliates, and sponsored investment programs (the “Behringer Harvard Entities”) which may be either parent companies or subsidiaries of the same entity, affiliates of each other or share common ownership or management, or may maintain business relations with any of the Behringer Harvard Entities. Most of the entities within described above are licensed to use the names Behringer and/or Behringer Harvard and related logos. Each Behringer Harvard Entity and each other entity described above is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on the Web Site within Behringer Harvard Entities or such other entities. By accessing the information through the Web Site made available, inter alia, at http://www.behringerharvard.com, you agree on behalf of yourself, and any and all persons, companies and legal entities that you represent ("your principals"), if any, and any and all employees and agents thereof (collectively, "you" and "your") that you have read and agree to use the Web Site in accordance with these Web Site terms and conditions ("Terms and Conditions") and the Web Site Customer Privacy Policy available for viewing on the Web Site and hereby incorporated by reference. Your continued use of the Web Site means that you agree that these Terms and Conditions legally bind you in the same manner that a signed, written, non-electronic contract does. You should not use the Web Site in any manner or attempt to access this Web Site if you are not willing to be bound and abide by these Terms and Conditions. Your continued use of the Web Site also means that 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 Web Site; and (ii) to agree to these Terms and Conditions as a legally binding contract on behalf of you and your principals. For purposes of the Terms and Conditions, the term "Web Site" includes without limitation those parts of the Web Site that you can access based on your account with the Web Site, 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 Web Site (collectively, "Content").

1. LICENSE TO THE CONTENT. Behringer Harvard grants you a limited, nonexclusive, nontransferable license during the Term (defined below) to access the Web Site solely to display the Content for informational purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding the Behringer Harvard Entities or your existing investment in a Behringer Harvard entity through your account with the Web Site, if any. Any other use of the Content or the Web Site is expressly prohibited. All other rights in the Content and the Web Site are reserved by Behringer Harvard and its licensors. Behringer Harvard reserves all rights in the Web Site and you agree these Terms and Conditions do not grant you any rights in or licenses to the Web Site, 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 Web Site, or in any other way exploit any of the Content or any other part of the Web Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes without the express prior written permission of Behringer Harvard. Without limiting the foregoing, you will not frame or display the Web Site (or any part of the Web Site) as part of any Web Site or any other work of authorship without the express prior written permission of Behringer Harvard.

2. PRODUCTS AND SERVICES. The information regarding the Behringer Harvard Entities provided on the Web Site may change at any time. In addition, eligibility or suitability requirements or the objective to create an account with the Web Site may apply for access to this information or any transaction with or regarding the Behringer Harvard Entities and they may not be available in all geographic areas.

3. WEB SITE ACCURACY. Although Behringer Harvard has tried to provide accurate and timely information on the Web Site, please be aware that the Web Site (including without limitation the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Web Site is provided for informational purposes only with expectation or warranty as to the accuracy thereof. Accordingly, you may not rely on any information obtained on this Web Site, and all decisions based on information contained in the Web Site are your sole responsibility. If you need specific details about any information contained in this Web Site, you should contact Behringer Harvard as provided in the "Contact Us" section of the Web Site.

4. WEB SITE RESTRICTIONS. As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or that is prohibited by these Terms and Conditions. You will not submit any false, misleading or inaccurate information to the Web Site. 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 Web Site. By way of example, and not as a limitation, you will not use the Web Site to:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  2. Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortious, indecent, immoral or otherwise objectionable material or information;
  3. Transmit or upload any material to the Web Site that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  4. Interfere with or disrupt the Web Site networks or servers;
  5. Harvest or otherwise collect information from the Web Site about others, including without limitation e-mail addresses, without proper consent;
  6. Use the account, login identification, or password of another party to access the Web Site or any account on this Web Site;
  7. Otherwise attempt to gain unauthorized access to the Web Site, any Web Site account, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; or
  8. Interfere with another party’s use or enjoyment of the Web Site.

Behringer Harvard has no obligation to monitor your use of the Web Site or retain the content of any of your sessions on the Web Site. By transmitting information through the Web Site, 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. 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. Behringer Harvard 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.

5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEHRINGER HARVARD AND THE OTHER BEHRINGER HARVARD ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND IN RESPECT OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH THIS WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NO MATERIALS OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THIS WEB SITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY APPLICATIONS THEREON OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS.”

6. LINKS WITH OTHER WEB SITES. Behringer Harvard may provide links to other Web sites or resources (“Linked Sites”). You acknowledge and agree that no Behringer Harvard Party has control over and is not responsible for the Linked Sites. Any reference to or use of tangible or intangible property, a product, service, or process does not imply Behringer Harvard's recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You agree that the Behringer Harvard Parties shall not be responsible or liable, directly or indirectly, for any damage or loss arising out of or relating to the Linked Sites, including without limitation content, property, goods or services available on the Linked Sites. Links to this Web Site are not permitted without the express prior permission of Behringer Harvard.

7. INDEMNIFICATION. You agree to defend, indemnify, and hold each of the Behringer Harvard Parties harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys' fees, arising out of or relating to any and all third party claims, demands or allegations arising out of or relating to your use of this Web Site, including without limitation arising out of or relating to your violation of the Terms and Conditions, any applicable laws, or your violation of any rights of a third party.

8. MODIFICATIONS. Behringer Harvard may change the Terms and Conditions from time to time. Behringer Harvard will require your assent to the revised Terms and Conditions. If you do not provide such an assent, such as continuing to use this Web Site after such changes are made, clicking through the applicable "I Agree" or similar button, among other methods, then your use of the Web Site will terminate in accordance with Section 12 below. Behringer Harvard reserves the right to modify or temporarily discontinue your access to this Web Site or parts thereof, with or without notice to you. You agree that Behringer Harvard shall not be liable to you, your principal or any third-party for any modification to the Web Site or your access to the Web Site.

9. INTERNET ACCESS. To use the Web Site, you must at no cost to Behringer Harvard: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary for you to make such connection to the World Wide Web, including without limitation a computer and modem or broadband Internet connection.

10. INFORMATION RELATING TO FUND SECURITIES. Certain of the information contained in the Web Site relates to Behringer Harvard sponsored investment programs (the "Investment Programs") who have made or currently make offerings of their securities. Securities of these Investment Programs are offered by Behringer Securities LP as Dealer Manager. Behringer Securities LP is a Member of FINRA and SIPC. Except as otherwise disclosed in their respective prospectuses, as amended, the Investment Programs may have not yet identified any properties for acquisition. Certain of the properties that are identified as owned by an Investment Program may be partially owned by such program.

A copy of the current version of each of the available Investment Program’s prospectuses is available on this Web Site. For those considering an investment in the Investment Program, the Web Site must be read in conjunction with the applicable prospectus in order to fully understand all the implications and risks of the respective offering of the securities to which it relates. For printed prospectuses, please call Behringer Securities at 866.655.3600. Investment in securities of Behringer Harvard Investment Programs is subject to substantial risks as described above. These risks may impact an Investment Program’s ability to make distributions as stated in its current prospectus. These Investment Programs are not suitable for all investors.  Refer to the prospectus for a more detailed discussion of risks and suitability standards in your state.

This Web Site is neither an offer to sell nor the solicitation of an offer to buy any security, which can be made only by the applicable prospectus, filed or registered with appropriate state and federal regulatory agencies, and sold by broker-dealers authorized to do so. No regulatory agency has passed on or endorsed the merits of this offering. Any representation to the contrary is unlawful. Consult the prospectus and subscription document for suitability standards in your state.

NEITHER THE ATTORNEY GENERAL OF THE STATE OF NEW YORK NOR ANY OTHER STATE HAS PASSED ON OR ENDORSED THE MERITS OF ANY OFFERING OF BEHRINGER HARVARD FUND SECURITIES. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.

11. TERMINATION. Behringer Harvard may, in its sole discretion, immediately terminate your access to this Web Site should you fail to adhere to these Terms and Conditions. You agree that the Behringer Harvard Parties shall not be liable to you or any third party for termination of these Terms and Conditions. Should you object to any terms or conditions of these Terms and Conditions or any subsequent modifications to these Terms and Conditions or become dissatisfied with the any part of the Web Site in any way, your sole and exclusive remedy is to immediately: (1) terminate use of the Web Site; and (2) notify Behringer Harvard in writing of your termination of your agreement to these Terms and Conditions. The period during which you are permitted to use this Web Site is referred to herein as the “Term.” Upon expiration of the Term or termination of these Terms and Conditions, your license rights to the Web Site immediately cease. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 and any other provision of these Terms and Conditions that by their terms or necessary implication would survive after termination shall survive and remain in full force and effect after termination.

12. ARBITRATION. You agree with Behringer Harvard that any dispute arising in connection with these Terms and Conditions or the performance of any party under these Terms and Conditions or otherwise relating to these Terms and Conditions shall be referred to binding arbitration in Dallas, Texas, in accordance with the rules of the American Arbitration Association by a panel of three arbitrators. Each of the parties shall name one arbitrator. The third arbitrator shall be selected by the two named arbitrators from the list of the current active members of the American Arbitration Association. The arbitration shall be binding, final, not appealable, enforceable and in lieu of any right to sue or seek other arbitration in any court or tribunal. Notwithstanding the foregoing, either you or any of the Behringer Harvard Parties shall be entitled to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief, without breach of this arbitration provision.

13. EQUITABLE RELIEF. You acknowledge that any use or threatened use of this Web Site or Content in a manner inconsistent with these Terms and Conditions shall cause immediate irreparable harm to Behringer Harvard and/or the other Behringer Harvard Entities for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that Behringer Harvard and the other Behringer Harvard Entities 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 Behringer Harvard and the Behringer Harvard Entities 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 $1,000 shall be sufficient. Nothing contained herein shall limit the right of Behringer Harvard or any other Behringer Harvard Entity to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms and Conditions, as applicable.

14. ASSIGNMENT. YOU WILL NOT ASSIGN, INCLUDING WITHOUT LIMITATION BY OPERATION OF LAW, CHANGE OF CONTROL OR OTHERWISE, YOUR RIGHTS OR LICENSES TO THIS WEB SITE PROVIDED UNDER THESE TERMS AND CONDITIONS, EITHER IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF BEHRINGER HARVARD. BEHRINGER HARVARD SHALL HAVE THE RIGHT TO ASSIGN THESE TERMS AND CONDITIONS. ANY ATTEMPT TO ASSIGN THESE TERMS AND CONDITIONS CONTRARY TO THIS SECTION WILL BE VOID AND HAVE NO EFFECT.

15. COPYRIGHT AND TRADE NAMES. ALL OF THE INFORMATION ON THIS WEB SITE, INCLUDING TEXT, IMAGES, GRAPHICS AND SOFTWARE, IS THE PROPERTY OF BEHRINGER HARVARD HOLDINGS, LLC, EXCEPT AS OTHERWISE INDICATED, AND IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IN ADDITION, THE COLLECTION, ARRANGEMENT AND ASSEMBLY OF CONTENT ON THIS WEB SITE IS THE EXCLUSIVE PROPERTY OF BEHRINGER HARVARD HOLDINGS, LLC AND IS LIKEWISE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU MAY VIEW, DOWNLOAD AND REPRINT INFORMATION AND MATERIALS CONTAINED ON THIS WEB SITE (I) SOLELY FOR INFORMATIONAL PURPOSES AND FOR NO OTHER PURPOSE, AND (II) PROVIDED THAT NEITHER THE MATERIALS, NOR ANY PROPRIETARY NOTICES THEREIN ARE MODIFIED OR ALTERED IN ANY WAY.

The Web Site is Copyright © 2008 Behringer Harvard Holdings, LLC. All rights reserved.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Behringer Harvard designates an agent as described below, to receive notifications of claimed infringement:

Legal name and address of service provider:
Behringer Harvard Holdings, LLC
Addison Circle One
15601 Dallas Parkway, Suite 600
Addison, TX 75001

Name under which service provider does business:
Behringer Harvard Holdings, LLC

Designated Agent:
Gerald J. Reihsen, III

Designated agent's address:
Gerald J. Reihsen, III
Behringer Harvard
Addison Circle One
15601 Dallas Parkway, Suite 600
Addison, TX 75001

Telephone, fax, and e-mail address of designated agent:
Telephone: 214.655.1600
Fax: 214.655.1610
e-mail: greihsen@behringerharvard.com

The Web Site features trade names, logos and other trademarks and service marks that are the property of, or are licensed to, Behringer Harvard Holdings, LLC or other Behringer Harvard Entities. The Web Site 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 any Behringer Harvard Entity. Without limitation the following are proprietary trade names of Behringer Harvard Entities owned by Behringer Harvard Holdings, LLC: Behringer Harvard, Behringer Harvard Funds, HPT, Behringer, Behringer Securities, Behringer Development, Behringer Harvard REIT, Behringer Harvard Mid-Term Value Enhancement Fund, Behringer Harvard Short-Term Opportunity Fund, Behringer Harvard Opportunity REIT, Behringer Harvard Multifamily REIT, Behringer Harvard Strategic Opportunity Fund, and Investing in America's Commercial Real Estate.

16. NOTICE. Any notice required or allowed under these Terms and Conditions shall be deemed properly given and effective upon (a) (i) actual delivery, if delivery is by hand; (ii) upon receipt by the transmitting party of confirmation or answer back, if delivery is by telex, telegram or facsimile; (iii) 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 (b) if you have provided an e-mail address, to you immediately upon transmittal of an e-mail to such e-mail address:

If to you:
Such notice will be sent to you based on the contact information you have submitted to Behringer Harvard.

If to Behringer Harvard:
Behringer Harvard
Addison Circle One
15601 Dallas Parkway, Suite 600
Addison, TX 75001
ATTENTION: Chief Legal Officers
FAX: 214.655.1610
or at such other address as the parties may designate by notice given pursuant to this clause.

17. GENERAL. THE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND BEHRINGER HARVARD AND THE OTHER BEHRINGER HARVARD PARTIES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. Subject to Section 13 (Arbitration), you and Behringer Harvard agree to submit to the non-exclusive jurisdiction of the courts located within the County of Dallas, State of Texas, provided that any lawsuits or other claims brought by you must be brought exclusively within the County of Dallas, State of Texas. You hereby consent and submit to the exclusive in personam jurisdiction of such courts, waive any objection based on forum non conveniens and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. The failure of Behringer Harvard to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions thereof as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. Behringer Harvard shall not be liable for delays or failure to make this Web Site (including without limitation the Content) available, whether or not due to any cause or conditions beyond Behringer Harvard's reasonable control. Behringer Harvard agrees to make this Web Site available hereunder as an independent contractor, and in no event shall the employees and/or agents of Behringer Harvard or any of the other Behringer Harvard Parties be deemed your employees and/or agents. Each party acknowledges that it is not entering into these Terms and Conditions on the basis of any representation not expressly contained in the Terms and Conditions. The Terms and Conditions constitutes the entire agreement between you and Behringer Harvard (and the other Behringer Harvard Entities) concerning subject matter of these Terms and Conditions, and supersedes and cancels any and all prior or contemporaneous agreements (including any prior terms and conditions) or contracts, whether written or oral.