TERMS OF USE Effective: 1 March 2017
Welcome to the websites and online services (collectively, the “Websites”) hosted by Prologis and its affiliates and subsidiaries (collectively referred to as “Prologis”) and by third parties on Prologis’ behalf. Please read these terms of use (“Terms of Use”) carefully before using any Websites. By using the Websites, you agree to all of the terms and conditions outlined herein. If you do not agree with these Terms of Use, or if you are unwilling or unable to be bound by them, please do not use any of the Websites.
UPDATES TO TERMS OF USE Prologis reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the Websites, and we will note near the top of this page the date that any changes are made. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Websites after any changes to these Terms of Use are posted will be considered acceptance of those changes. Prologis may terminate, change, suspend or discontinue any aspect of the Websites, including the availability of any features of the Websites, at any time. Prologis may also impose limits on certain features and services or restrict your access to parts or all of the Websites without notice or liability. Prologis may terminate the authorization, rights and license given herein.
PRIVACY POLICY Please review our Privacy Policy, which also governs your use of the Websites, to understand our practices. The Privacy Policy may change from time to time, so review it with regularity and care. Your information and data from the Websites may be collected, used, disclosed and shared in accordance with the Privacy Policy and U.S. laws, rules and regulations. You consent to this collection, use, disclosure and sharing, including by Prologis, as soon as you begin using the Websites.
YOUR USE OF THE WEBSITES General We grant you permission to use the Websites subject to the restrictions in these Terms of Use. By using the Websites, you agree: (a) that you are 18 years or older and have the requisite power and authority to enter into these Terms of Use; (b) to accurately furnish all contact and other information requested by Prologis and to promptly notify Prologis of any change in the information; (c) to not use the Websites in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (d) to not use the Websites in any manner unintended by Prologis; (e) to not use the Websites in any manner that could harm Prologis, its service providers, its affiliates, or any other person; and (f) to comply with any other reasonable requirements or restrictions requested or imposed by Prologis.
Your use of the Websites is at your own risk, including the risk that you might be exposed to Public Postings (as defined below) that are offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. If you are using the Websites on behalf of your employer, it means you are authorized to accept the Terms of Use and the Privacy Policy on your employer's behalf.
Prohibited Uses You are prohibited from using the Websites in a way that:
is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Prologis deems in its sole discretion to be inappropriate for this Website;
victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
tries to gain unauthorized access to the Websites, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Websites;
imposes an unreasonable or disproportionately large load on Prologis’ infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
otherwise violates these Terms of Use or any other guidelines or policies of Prologis or posted on the Websites.
Prologis will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms of Use and may disclose your information to such law enforcement officials and/or agencies if required by law.
We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.
PUBLIC POSTINGS The Websites may contain a discussion board (“Public Forum”) with interactive features that may allow you and other users to post materials such as stories, comments, photos, opinions, your name, email address, and company name, and other information (“Public Postings”).
In order to submit a Public Posting, you will need to provide certain information about yourself. You may not provide any false personal information and may not impersonate someone else or submit a Public Posting for anyone other than yourself. By submitting a Public Posting, you agree to receive certain communications from Prologis. You may unsubscribe from such communications via the “How to Opt-out of Email Communications” section in the Privacy Policy.
You are responsible for the content and consequences of your own Public Postings. You assume all risks associated with your own Public Postings, including anyone’s reliance on their accuracy or reliability. You represent that you own, or have the necessary permissions to use and authorize the use of Public Postings as described herein. You agree that your Public Postings do not (i) contain material that is false, intentionally misleading, or defamatory; (ii) use any profanity or obscenities, including any "masked" vulgarity, obscenity or profanity; (iii) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) contain material that is unlawful, including hate speech, is pornographic, or exploits or otherwise harms minors; (v) contain any personally identifiable or financial information of, or other information which might be used to identify or locate, another user; (vi) contain material that is commercial in nature, including, for example, advertising, promotional or marketing materials, paid links, affiliate marketing, link spam, or any other kind of spam, phishing or unsolicited messages; or (vii) violate or advocate the violation of any law or regulation.
While your name, email address, and/or company name that you submit with the Public Postings may be published in connection with the Public Posting (as described further in the “Prologis Right to Use Your Likeness” section below), we discourage you from disclosing any other personally identifiable information in your Public Postings.
Prologis reserves the right (but is under no obligation) to remove, screen, edit, or reinstate Public Postings for any or no reason, and without notice to you. Prologis, however, will have no liability related to the content of any such Public Postings, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Public Postings do not necessarily reflect the views of Prologis. In no event shall Prologis assume or have any responsibility or liability for any Public Postings or for any claims, damages or losses resulting from their use and/or appearance on the Websites.
PROLOGIS' RIGHT TO USE PUBLIC POSTINGS AND SUGGESTIONS While Prologis does not claim ownership of any Public Postings that you may post in the Public Forum or to any ideas, suggestions or feedback that you may otherwise provide to Prologis (“Suggestions”), by submitting a Public Posting or a Suggestion, you hereby authorize and grant to Prologis the worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, assignable, royalty-free right and license to use, display, commercialize, reproduce, publish, modify, distribute, perform and publicly display the Public Postings and Suggestions in whole or in part, anywhere in perpetuity in any and all media, including all print, digital and other communication forms that may exist now or in the future, whether alone or together or as part of any material of any kind or nature, without any compensation to you, even if we terminate your access to the Websites. Without limiting any of the foregoing, Prologis will have the right to use, copy, display, perform, distribute, modify and re-format the Public Postings and Suggestions in any manner that Prologis may determine. By submitting a Public Posting or a Suggestion, you represent and warrant to Prologis that you have all necessary rights in and to all Postings and Suggestions you provide and all information they contain and that such Postings and Suggestions do not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You irrevocably waive, and cause to be waived, against Prologis and its users any claims and assertions of moral rights or attribution with respect to your Public Postings and Suggestions.
Prologis and its licensees may publicly display advertisements and other information near or with your Public Postings. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
PROLOGIS' RIGHT TO USE YOUR LIKENESS You hereby grant to Prologis and its licensees and sublicensees unrestricted permission and right to use, reuse, publish, and reproduce your name, likeness, image, voice and/or appearance (“Likeness”) as such may be embodied in or submitted in connection with any Public Postings or Submissions that you submit to Prologis. You agree that Prologis and its licensees and sublicensees may use the Public Postings, Submissions and your Likeness for any purpose, including but not limited to, advertisements, articles, publications, and any promotional materials in any medium now known or later developed, including the Public Forum and the Internet. You acknowledge that you will not receive and not be entitled to receive any compensation for the use of the Public Postings, Submissions or your Likeness even if we terminate your access to the Websites. You hereby release Prologis and its licensees and sublicensees from any and all claims that arise out of or are in any way connected with such use, including without limitation, any claim for defamation, slander, misappropriation or misuse of image, violation of moral or artist rights, violation of publicity rights, or invasion of privacy. You warrant and represent that this release does not in any way conflict with any existing commitment on your part.
USE OF WEBSITES’ CONTENT All information and content included on the Websites are provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Prologis strives to provide accurate and up-to-date material on the Websites. However, Prologis makes no warranties or representations as to the accuracy or timeliness of the material provided through the Websites. Prologis assumes no liability or responsibility for any errors or omissions on the Websites.
OTHER WEBSITES For your convenience, Prologis may provide links to websites belonging to other companies. Those websites are not under the control of Prologis, do not link to these Terms of Use, and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party websites. The fact that Prologis has provided a link to such websites is not to be interpreted as an endorsement of their content. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those websites.
SECURITIES OF PROLOGIS Prologis is not providing investment advice through the Websites, and the material on the Websites should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Prologis. If you decide to use any material available on the Websites in assessing whether to buy or sell securities of Prologis, please be aware that the material on the Websites reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance. See the “Forward-Looking Statements” section below.
Nothing contained in this website shall constitute an offer to sell or the solicitation of an offer to buy securities in any existing or to-be-formed issuer. Any such offer or solicitation will only be made in a transaction registered under, or exempt from the registration requirements of, the Securities Act of 1933, as amended, and other applicable securities laws. Neither we, nor any of our advisors, agents, affiliates, partners, members or employees, makes any representation or warranty as to the accuracy or completeness of the information herein or assumes responsibility for any loss or damage suffered as a result of any omission, inadequacy or inaccuracy contained herein.
FORWARD-LOOKING STATEMENTS The Websites may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of Prologis and its affiliates. These forward-looking statements are based on current expectations and are not guarantees of performance. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of management. Actual performance and results will be subject to important economic and other factors that could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Many of these risks and uncertainties are identified in the reports Prologis files with the Securities and Exchange Commission. Any such forward-looking statements (and any other dated materials) speak only as of the date made and Prologis cautions readers not to place undue reliance on them. Prologis undertakes no obligation to update any forward-looking statement based upon new information, future events or otherwise.
PROLOGIS’ COPYRIGHT AND TRADEMARKS All content included on Websites, such as text, graphics, logos, button icons, images, and software, is the property of Prologis or its content suppliers and is protected by United States and international copyright, trademark or other laws. The materials posted on the Websites by Prologis may be retrieved solely for your own personal use or in connection with any business relationship between yourself and Prologis and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of the Websites without the express written permission of Prologis. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Prologis. All rights reserved.
COPYRIGHT COMPLAINTS The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that material posted on the Websites infringes your copyright, you may submit a notice to us requesting that the material be removed.
The notice must include the following information: (a) a physical signature of a person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that is claimed to have been infringed upon; (c) a description of the material that is claimed to be infringing, and where such material is located on the Websites; (d) your name, address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of 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 information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Such DMCA notices under this section should be sent to:
Prologis 1800 Wazee Street, Suite 500 Denver, Colorado 80202 USA ATTN: General Counsel
Reporting Violations
If you see something on the Websites that you believe violates these Terms of Use, you may report it to us by contacting us via the “Contact Us” section below. Reporting a piece of content does not guarantee that it will be removed from the Websites, including the Public Forum.
TRANSLATION We may translate these Terms of Use into other languages for your convenience. However, the English version governs your relationship with Prologis, and the English version will govern if there are any inconsistencies among the different versions.
APPLICABLE LAW Any dispute arising out of your use of this Website or material from this Website shall be resolved according to the laws of the State of Colorado, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of Colorado shall have exclusive jurisdiction over all claims. By accessing the Websites, you expressly consent to the personal jurisdiction of the federal and state courts of the State of Colorado.
TERMINATION Prologis may terminate your access to the Websites at any time and for any or no reason. You shall have no recourse and Prologis shall have no liability as a result of any such termination.
Notwithstanding anything to the contrary above, in the event of any termination of these Terms of Use or your access to the Websites, all provisions of these Terms of Use relating to license rights, warranties, confidentiality or privacy obligations, proprietary rights, limitation of liability and indemnification obligations shall continue in full force and effect, including Prologis’ right to use your Public Postings and Suggestions.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY Your use of the Websites and material from the Websites is at your own risk. The Websites may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Prologis makes no warranties or representations that the Websites will be error-free, secure or uninterrupted, and assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Websites or any materials provided on the Websites. Prologis makes no warranties or representations as to the accuracy, completeness or timeliness of the materials provided on the Websites. Prologis assumes no liability or responsibility for any errors or omissions on the Websites.
NEITHER PROLOGIS, ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITES, EVEN IF PROLOGIS, ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
INDEMNITY You hereby release, discharge and agree to indemnify, defend, and hold Prologis, its affiliates and agents harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Websites; (ii) your violation of the Terms of Use; (iii) any use of your Public Postings or Suggestions by Prologis; (iv) any unauthorized use of your Public Postings or Suggestions by third parties once the Suggestion or Public Posting has been publicly disseminated; and/or (v) the infringement by you of any intellectual property or other right of any person or entity. Prologis reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Prologis. Prologis will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
NON-UNITED STATES RESIDENTS If you do not reside in the United States and are visiting the Websites, by providing Personal Information to us (as defined in the Privacy Policy), you understand and hereby consent to your Personal Information being transferred to and processed on computers in the United States and other countries. Do not provide your Personal Information to us if you do not want this information to be transferred or processed outside of your country, or if the laws in your country restrict these types of transfers. Instead, please contact us to make your inquiry. Your provision of Personal Information to us will be handled in accordance with the Privacy Policy. Your provision of Personal Information to us through the Websites means that you agree to the terms of the Privacy Policy.
CONTACT US Any questions regarding these Terms of Use should be directed to our contact page.
