General
Welcome to the The Inland Retail Real Estate Trust, Inc. (“Inland Retail”) Web Site. Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Inland Retail Web Site that govern particular offers or features ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Agreement") all of which collectively govern your use of and access to all of the Inland Retail Web Site and any and all content, data and information contained therein. YOUR USE OF THE INLAND RETAIL WEB SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS INLAND RETAIL WEB SITE.

Modifications of This Agreement
Inland Retail reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Inland Retail Web Site following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Inland Retail Web Site.

Links
Inland Retail is not affiliated or associated with the sponsors, owners or producers of any third party web Sites linked to or from this Inland Retail Web Site. These linked Sites are not under our control and Inland Retail explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party Sites. Inland Retail does not endorse and has 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. Inland Retail does 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.

Solely Intended for United States Users
Unless otherwise explicitly specified on the Inland Retail Web Site, the information on all of the Inland Retail Web Site is intended solely for use and access by persons residing in the United States, its territories and possessions. Inland Retail controls and operates its Web Site from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the Inland Retail Web Site is appropriate for use or access in other locations. Anyone using or accessing any of the Inland Retail Web Site from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.

Use
The Inland Retail Web Site 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 Inland Retail Web Site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Inland or by third parties who have licensed their materials to Inland Retail 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 Inland Retail Web Site is the exclusive property of Inland or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any Inland Retail Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access this Inland Retail Web Site for any purpose that is unlawful or prohibited by this Agreement; (n) use or access this Inland Retail Web Site in a manner that could damage, disable, overburden, or impair any Inland server or the networks connected to any Inland Retail server; (o) interfere with any third party’s use and enjoyment of this Inland Retail Web Site; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Inland Retail server through hacking, password mining or any other means.

User IDs/Passwords
Use of certain features on the Inland Retail Web Site might be limited and/or require registration. Inland Retail will review and determine, in its sole discretion, whether to accept your registration. Inland Retail shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Inland Retail Web Site(s) at any time for any reason. Upon acceptance of your registration by Inland Retail, you will be given your user ID and password (collectively "Password") for access to and use of the applicable portion of the Inland Retail Web Site.

Inland Retail reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Inland Retail immediately about any unauthorized use of your Password or any breach of security. You further agree that Inland Retail shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Inland.

Charges and Payment
In certain instances, Inland Retail may charge a user, subscription or other fee. In those instances where a fee may be charged, Inland Retail will notify you of the fee prior to your incursion of charges.

Disclaimer
THIS INLAND RETAIL WEB SITE IS PROVIDED BY INLAND RETAIL ON AN "AS IS" AND "AS AVAILABLE" BASIS. INLAND RETAIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS INLAND RETAIL WEB SITE OR THE INFORMATION INCLUDED ON SUCH INLAND RETAIL WEB SITE. INLAND RETAIL DISCLAIMS 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. INLAND RETAIL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS INLAND RETAIL WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INLAND RETAIL WEB SITE OR THE SERVER THAT MAKES THE INLAND RETAIL WEB SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. INLAND RETAIL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS INLAND RETAIL WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS INLAND RETAIL WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL INLAND RETAIL OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL 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 INLAND RETAIL WEB SITE, 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 INLAND RETAIL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT INLAND, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL INLAND RETAIL BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.

User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Inland Retail Web Site shall be subject to the Inland Retail Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.

Online Copyright Infringement Notification Policy
If you believe that this Inland Retail Web Site(s) contains materials that constitute copyright infringement, please notify Inland Retail in accordance with our Online Copyright Infringement Notification Policy.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INLAND RETAIL AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS INLAND RETAIL WEB SITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Terms and Termination
Inland Retail shall have the right to terminate your access to, and use of, the Inland Retail Web Site immediately, if, in its sole discretion, Inland Retail believes that your conduct fails to conform with this Agreement. Inland Retail also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Inland Retail Web Site.

Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Inland Retail Web Site(s); and (b) as applicable, pay any amounts owed to Inland Retail in full within thirty (30) days from the date of such termination.

Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Illinois, 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 INLAND RETAIL WEB SITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.

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

Miscellaneous
The failure of Inland Retail to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Inland Retail’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Inland Retail may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Inland Retail’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Forward-Looking Statements
This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which Inland Retail has no control. Inland Retail has no obligation to update any forward-looking statement in this Agreement or any incorporated document.

INLAND RETAIL POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS

Submissions
All remarks, suggestions, ideas, graphics, or other information communicated by you to Inland Retail through the Inland Retail Web Site (collectively, the "Submission") will forever be the property of Inland Retail 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. Inland Retail will not be required to treat any Submissions as confidential (unless required by law or if Inland Retail 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 Inland Retail operations. Without limitation, Inland Retail 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. Inland Retail retains the right to review, edit or delete from the Inland Retail Web Site any Submission which Inland Retail in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.

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

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

Investigations
Inland Retail may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Inland Retail 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 Inland Retail believes, in its sole discretion, that a violation of this Agreement 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. Inland Retail will fully cooperate with any law enforcement authorities or court order requesting or directing Inland Retail to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS INLAND RETAIL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INLAND RETAIL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INLAND RETAIL OR LAW ENFORCEMENT AUTHORITIES.

ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY

If you believe that the Inland Retail Web Site contains materials that constitute copyright infringement, please notify our Designated Agent, Andrew Viola, in writing using the following contact information:

Name of Designated Agent to Receive Notification of Claimed Infringement:

Andrew Viola

Full Address of Designated Agent to which Notification should be Sent:

Inland Retail Real Estate Trust, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523

Telephone Number of Designated Agent:
800-348-9192

Facsimile Number of Designated Agent:
630-368-2210

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:

1. Your address, telephone number and e-mail address;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description of the material that you claim is infringing the copyrighted work;
4. A clear description of where the infringing material is located on the Inland Retail Web Site, including its URL, so that Inland Retail can locate the material;
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. 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; and
7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Privacy Statement
Please read these privacy terms and conditions carefully. Inland Retail provides this web site subject to the terms and conditions to which you agree to be bound by accessing this web site. We may make changes at any time to our web site and to any terms and conditions pertaining to the use of this web site without notice.

We try to provide accurate and timely information, but please be aware that the content of this web site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In addition, from time to time changes may be made to the content of this site without notice. We may change the products, services and any other information described on this web site at any time. The information published on this web site is provided as a convenience to visitors and is provided for informational purposes only. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in our web site are your sole responsibility.

All of the information on this web site, including text, images, graphics and software, is the property of Inland Retail, 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 are the exclusive property of Inland Retail and are 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.

Links to this web site are not permitted without our written prior consent.

This web site features trade names, logos and other trademarks and service marks that are the property of, or are licensed to, Inland Retail. 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 Inland Retail or the holder of the marks.

This web site may contain links to other sites on the Internet. These links are provided for your convenience. Please note that links to another site do not constitute Inland Retail’s approval or endorsement of that site or its products or advertisements. In no event shall Inland Retail be liable, directly or indirectly, to anyone for any damages or losses arising from or relating to the use of or reliance on any linked third party site or any link contained on any such site.

Inland Retail makes no warranties or representations as to the accuracy or completeness of the information contained on this web site. This information and the products and services are provided "as is" and "as available" without any warranty of any kind, either expressed or implied. To the full extent permissible by applicable law, Inland Retail hereby disclaims all warranties of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Inland Retail nor any of its agents, employees or officers, directors or stockholders shall be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits (even if advised of the possibility) arising in any way from the information contained in this web site or any information transmitted via this web site. Nor is Inland Retail nor any of its agents, employees or officers, directors or stockholders liable for any damages or losses that may be caused to any equipment or other software due to any viruses, defects or malfunctions in connection with access or use of this web site.

By transmitting information through this 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 email may not be secure. We recommend that you do not send any confidential information to us by email. If you choose to send any confidential information to us via email, you accept the risk that this information may be intercepted by a third party.

If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any or all liabilities, costs and expenses (including attorney's fees and costs) arising from that disruption. In addition, you agree to indemnify and hold harmless Inland Retail, its subsidiaries, officers, agents and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorney's fees and court costs) arising from or incurred in connection with your use of this web site.

The laws of the State of Illinois govern these terms and conditions and your use of the web site, and you irrevocably consent to the jurisdiction of the courts located in Illinois for any action to enforce these terms and conditions or in connection with your use of this web site. We recognize that it is possible for you to obtain access to this web site from any jurisdiction in the world, but we have no practical ability to prevent such access. This web site has been designed to comply with the laws of the State of Illinois and the United States. If any material on this web site, or your use of this web site, is contrary to the laws of the place where you are when you access it, this web site is not intended for you, and we ask you to not use the site. You are responsible for informing yourself of the laws of your jurisdiction and for complying with them.

It is the policy of Inland Retail to adhere to all federal, state and local laws that apply to us and our business activities

Information for the Investor
Our prospectus, annual reports, 10-K, 10Q and 8-K reports that we have filed with the SEC are available through its web site at http://www.sec.gov.

Cautionary Language Regarding Forward-Looking Statements
Materials in this web site may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," " believe," and other words and terms of similar meaning in connection with a discussion of future operating or financial performance.

Any or all of our forward-looking statements here or in other publications may turn out to be wrong. They can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are no guarantees about the performance of our stock.

We undertake no obligation to correct or update any forward-looking statements, whether as a result of new information, future events or otherwise. You are advised, however, to consult any further disclosures we make on related subjects in our reports to the SEC. In particular, you should read the discussion in the section entitled "Cautionary Factors That May Affect Future Results" in our most recent 10-K report to the SEC, as it may be updated in our subsequent 10-Q and 8-K reports. That discussion covers certain risks, uncertainties and possibly inaccurate assumptions that could cause our actual results to differ materially from expected and historical results. Other factors besides those listed there could also adversely affect the Company. That discussion is provided as permitted by the Private Securities Litigation Reform Act of 1995.

Inland Retail Real Estate Trust, Inc. 2901 Butterfield Road, Oak Brook, IL 60523 800-348-9192