TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOLLOWING TERMS OF USE AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM, AS THEY MAY BE MODIFIED BY SPIRIT FINANCE CORPORATION FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE. ANY USE OF THE WEB SITE IS AT THE SOLE RISK OF THE USER.

General Restrictions Concerning Use of Our Web Site

As a condition to the use of our Web site, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these terms or any other agreement you have with us. You also agree not to use our Web site in any manner which could: (1) damage, disable, overburden, or impair our Web site or anyone else's site; or (2) interfere with any other party's access to or use of our Web site or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our Web site through any means we do not intentionally make available on the site. You agree not to frame our Web site or to mirror our Web site on any other site and agree not to link to any portion of our site other than our home page. Unauthorized use of this Web site and systems, including but not limited to, unauthorized use of Spirit Finance Corporation's systems or misuse of any information posted to this Web site, is strictly prohibited.

Copyright and Trademark Notices

The works of authorship contained at www.spiritfinance.com, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Spirit Finance Corporation or one of its affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Spirit Finance Corporation's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Spirit Finance Corporation's proprietary rights. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademarks or service marks referenced on our Web site are our property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without our prior written consent.

We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to our Web site, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.

Notification of Claimed Infringement

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.

If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) 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. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Spirit Finance Corporation, any alleged infringer, or any copyright owner or its authorized agent or licensee.

Notice must be mailed to : Spirit Finance Corporation, 14631 N. Scottsdale Road, Suite 200 , Scottsdale , AZ 85254 , attention: Chief Compliance Officer.

Limitation or Termination of Web Site Access

We reserve the right to terminate access to our Web site and any or all services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to our Web site and any or all services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted.

Information Accuracy

This information on this Web site is for information purposes only. It is believed to be reliable, but Spirit Finance Corporation does not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using the services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on our Web site is provided for your convenience only. We may change our services, terms, and conditions at any time without notice and without first updating our Web site. Nothing on our Web site is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters.

Limitation of Liability and Disclaimer

THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE".

SPIRIT FINANCE CORPORATION DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. USER ASSUMES THE RISK OF RELYING UPON THE INFORMATION PROVIDED ON THIS WEB SITE.

SPIRIT FINANCE CORPORATION DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE.

FURTHERMORE, SPIRIT FINANCE CORPORATION AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND SPIRIT FINANCE CORPORATION'S AND ITS AFFILIATES' CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING SPIRIT FINANCE CORPORATION'S RESPONSIBILITIES AND OBLIGATIONS TO CUSTOMERS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL SPIRIT FINANCE CORPORATION BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER SPIRIT FINANCE CORPORATION HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.

Links to Other Websites

This Web site contains links to other Websites. Spirit Finance Corporation is not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by Spirit Finance Corporation. Inclusion of any linked Website does not imply approval or endorsement of the linked Website by Spirit Finance Corporation.

Additional Terms

These terms do not supersede the agreements, terms and disclosures applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future including, without limitation, the terms applicable to your lease, mortgage or other financial product. Where appropriate, please review those specific terms and conditions.

Information Submissions

All information submitted via this site by a visitor to this Website shall be deemed and remain our property and by sending us such information you: (1) grant us an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that we are free to use any ideas, expressions of ideas, concepts, know-how, designs, techniques for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products incorporating such information that you send us. We shall not be subject to any obligations of confidentiality regarding such submitted information except as agreed by our entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing our responsibilities and obligations to customers in accordance with our Privacy Policy posted on our Website.

Violations of Terms; Indemnity

We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPIRIT FINANCE CORPORATION FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Governing Law; Venue

Unless we otherwise agree in writing, Arizona law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms or our Website shall be commenced and maintained solely and exclusively in the state and federal courts sitting in Phoenix , Arizona .

Waiver

We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Forward-Looking Information

The information on this Website may contain various forward-looking statements with respect to the financial condition, business, strategy and plans of Spirit Finance Corporation. In particular, statements using the words “expects”, “anticipates”, and similar expressions, and statements referencing management goals and objectives are forward-looking in nature. Such statements are based on a number of assumptions that could ultimately prove inaccurate, and are subject to a number of risk factors, including but not limited to general economic and business conditions. Our annual report on Form 10-K contains further details regarding such assumptions and risks.

Spirit Finance Corporation does not assume any obligation to update publicly any forward-looking statement, whether as a resale of new information, future events or otherwise. Further information on factors which could affect the Company's financial results is provided in documents filed with the United States Securities and Exchange Commission.

Please feel free to contact us with any questions you may have concerning our Terms of Use.