Terms of Use

TERMS OF USE

WELCOME TO THE DUKE REALTY WEBSITE. THE WEBSITE IS CONFIDENTIAL TO AND THE PROPERTY OF DUKE REALTY. ALL ACCESS TO AND USE OF THIS SITE AND ALL WEBSITES (INCLUDING MOBILE WEBSITES), APPLICATIONS OR OTHER SERVICES ON WHICH THESE TERMS RESIDE (COLLECTIVELY, THE “WEBSITE”) AND THE FEATURES AT THE WEBSITE ARE GOVERNED BY THESE TERMS OF USE (“TERMS”). THESE TERMS APPLY TO ALL INDIVIDUALS WHO USE, VISIT OR BROWSE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Access To Website

Access to this Website is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Duke Realty computer system or other information contained on the system for any purposes is strictly prohibited.

Intellectual Property Rights

The mark DUKE REALTY and related trademarks, service marks and logos (collectively, the “Duke Realty Trademarks”) are owned by Duke Realty and may be registered in the United States and other countries.

All of the materials contained on the Website are copyrighted, except where explicitly noted otherwise. Duke Realty neither warrants nor represents that use of materials displayed on the Website by You will not infringe rights of third parties not owned by or affiliated with Duke Realty. Use of any materials on the Website is at Your own risk.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Duke Realty Trademarks or the Website content, without the express permission of Duke Realty in each instance. The use of Duke Realty Trademarks or Duke Realty copyrighted materials on any other website is strictly prohibited. Duke Realty will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Use of the Website

The following requirements apply to Your use of the Website: (a) You will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) You will not collect or store personal data about other users; (d) You will not use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided; (e) You will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Duke Realty does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Duke Realty and its affiliates are under no obligation to keep such information confidential, and (c) Duke Realty will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

Revocation of Access

Duke Realty may, in its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent Your use of this Website with or without notice to You. You agree that Duke Realty, in its sole discretion, may terminate or suspend Your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Further, You agree that Duke Realty shall not be liable to You or any third party for any termination or suspension of Your access to the Website.

In the event that You use, or are suspected of using, the Website in a manner inconsistent with any federal or state laws, statutes or ordinances, in addition to discontinuance of such Your permission to use the Website, Duke Realty shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Indemnification

You agree to indemnify and hold Duke Realty, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to Your violation of these Terms.

Disclaimer of Warranties

Duke Realty assumes no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays or interruptions in the delivery of any content contained on the Website, or any losses or damages arising from the use of the content provided by the Website or from any viruses or other malicious code that may be transmitted through such use. Duke Realty is not responsible for any third party products or services offered on the Website, if any.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, DUKE REALTY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability

IN NO EVENT SHALL DUKE REALTY OR ANY OF ITS RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply.

Links

Duke Realty has not reviewed all of the sites linked to the Website and is not responsible for the content or privacy policies of any third party sites. Any links to third party sites are provided solely for Your convenience. Duke Realty does not endorse or otherwise recommend any third party sites or the products or services offered. Viewing all other sites is at Your own risk. Links to the Website are or could be operated by third parties other than Duke Realty. You acknowledge that certain information regarding it may be transmitted to said third parties and authorizes said third parties to use such information in the manner reasonably necessary to provide services to Duke Realty or for Duke Realty business purposes. You acknowledge that the transmittal of information does not necessarily occur over secured lines and that certain sites linked to the Website may not be secure.

Privacy Notice

By accessing the Website, You agree that You have reviewed and agreed to the Duke Realty Privacy Policy, which is incorporated by reference in its entirety in these Terms.

Modification

Duke Realty may modify these Terms at any time, with or without notice. Your continued use of the Website constitutes the Your acceptance of any changes to the Terms. You are responsible for remaining knowledgeable as to any changes that Duke Realty may make to the Terms. The most current version of the Terms will be available on the Website and will supersede all previous versions.

Miscellaneous

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Indiana, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. Any disputes arising out of these Terms will be resolved exclusively in the state or federal courts located in Indianapolis, Indiana and each party consents to such exclusive jurisdiction and agrees not to challenge such venue.

Any attempt by You to undermine the legitimate operation of the Portal may be a violation of criminal and civil law, and, should such an attempt be made, Duke Realty reserves the right to seek damages from You to the fullest extent permitted by law. Duke Realty’s failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.

These Terms constitute the entire agreement between You and Duke Realty regarding the use of the Website. By using the Website, You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.

Revised December 17, 2012

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