TERMS OF USE

Last updated: 02/19/2020

 

WELCOME TO THE DUKE REALTY WEBSITE.  THE WEBSITE IS CONFIDENTIAL TO, AND THE PROPERTY OF, DUKE REALTY (“DUKE REALTY”, “WE”, “US”, “OUR”).  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 the 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.

The Website may be accessed from various locations both within and outside the United States of America (“USA”). Access to and use of the Website, including functionality and features and products and services available through the Website, may be inappropriate, prohibited, or restricted in certain jurisdictions outside of the USA. In addition, certain functionality, features, products, and services available through the Website may not be available in jurisdictions outside the USA. Duke Realty makes no representations or warranties that the Website is appropriate or available for use outside of the USA. If You access or use the Website from outside the USA, You do so at Your own risk and are responsible for complying with the laws and regulations of the territory from which You access and use the Website.

If You are under the age of legal majority to form a legally binding agreement under applicable law, You should not use any of the services offered on the Website, or provide any information about yourself through the Website (including, but not limited to, Your name, address, email address, phone number, or other personally identifiable information). The Privacy Policy governs the use and disclosure of personal information collected from or provided through the Website.

 

Scope of these Terms

These Terms govern Your use of the Website and all applications, features, functionality, and services available on the Website, except to the extent such applications, features, functionality, or services are the subject of a separate agreement. Specific terms, policies, restrictions, or agreements (“Other Terms”) may apply to the use of certain applications, features, functionality, or services provided to You on the Website. In the event of any conflicts between these Terms of Use and the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

 

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.

 

Use of the Website

The Website is owned and operated by Duke Realty in conjunction with others pursuant to contractual arrangements. The Website contains content, data, text, graphics, images, audio and video clips, logos, icons, and other materials (collectively, the “Materials”). The Website, the Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and You acknowledge that these rights are valid and enforceable. The Materials (and any intellectual property and other rights relating thereto) are and shall remain the property of Duke Realty and its licensors and suppliers.

By using or continuing to use the Website, You represent and warrant that (i) You are at least eighteen (18) years of age; (ii) You are legally entitled to enter into these Terms; (iii) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iv) You are not listed on any U.S. Government list of prohibited or restricted parties.

You may not (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Website or make the Materials available to any third party in any way; (ii) benchmark, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, or reverse engineer the Services with other software or services; (iii) interfere in any manner with the functionality of the Website or use the Website in any way that breaches any code of conduct, policy or other notice applicable to the Website; (iv) copy any ideas, features, workflows, functions or graphics of the Website; (v) use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided; (vi) modify, alter or create derivative works of the Website in any way or by any means, whether electronic, mechanical, optical or others, other than as expressly permitted in these Terms; (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Website, whether of Duke Realty or any other third parties; or (viii) otherwise use the Website not in compliance with these Terms.

In addition, You specifically agree not to, in any way, (i) access (or attempt to access) the Website by any unauthorized or automated means other than through an interface that is provided by Duke Realty; (ii) interfere with or disrupt the integrity or damage the performance of the Website or any other computer system or network or circumvent or manipulate the operation or functionality of the Website, including any hosting services provided by third parties to facilitate the use of the Website; (iii) use robots, crawlers and/or similar applications to collect and compile content from the Website for the purposes of competing with Duke Realty or in such ways that might impair or disrupt the Website’s functionality; (iv) impersonate any person or entity, or make any false statement pertaining to Your identity, employment, agency or affiliation with any person or entity, or use any account except Your own; (v) collect or process personal information of the users of the Website; (vi) engage in any illegal activities; (vii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Website; (viii) interfere with the proper functioning of any system used in connection with the Website, including deliberate attempts to overload a system by mail bombing or flooding techniques or denial of service attacks, or make any other attempt to circumvent Duke Realty security or security measures with respect to the Website; (ix) 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; (x) 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; (xi) 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; or (xii) 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 authorizes You to access and view the Website in the manner provided by Duke Realty and to download certain Materials at the Website only to the extent necessary for Your limited, personal, non-commercial use, as provided in these Terms or as expressly authorized in writing by Duke Realty or its third party licensors or suppliers. Except to the extent required by law or as expressly provided in these Terms, You may not modify, reproduce, publicly display, perform, distribute, sell, resell, rent, lease, upload, post, import, retransmit, translate, republish, reverse engineer, create derivative works based on, or otherwise use the Website or any Materials at the Website for any purpose, without the prior written permission of Duke Realty. Any modification of the Materials, or use of the Materials for any other purpose, including use of the Materials on any other website or networked computer environment for any purpose is prohibited. The Materials at the Website are protected by copyright and other laws in both the USA and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.

When registering for an account on the Website, You may be asked to create a user ID and choose a password. Some areas of the Website may require You to become a registered user of the Website. When and if You register to become a registered user, You agree to provide accurate, current and complete information about yourself as prompted by Our registration form (including Your email address) and maintain and update such information. You represent and warrant that any information You provide in connection with Your use of the Website is and shall remain true, accurate, and complete, and that You shall maintain and update such information regularly. You agree that if any information You provide is false, inaccurate, obsolete or incomplete, We may terminate Your use of the Website. We may refuse to grant You a user ID if, in Our discretion, it belongs to or is being used by another person, violates the intellectual property or other rights of any person, violates these Terms, or is offensive. You are responsible for keeping Your user ID and password secret and confidential and restricting access to that information. You are solely responsible for all activities that occur using Your user ID and password.

 

User Submissions

Duke Realty does not accept ideas, concepts, or techniques for new services or products through the Website.  Any materials, information, suggestions, ideas, inventions, designs, know-how, concepts, techniques, or other communications You transmit or post to the Website or to Duke Realty by any means, including, without limitation, through electronic mail will be considered non-confidential and non-proprietary (“Communications”). Duke Realty will have no obligations with respect to the Communications.

You acknowledge You are responsible for whatever Communications You submit, and that You, not Duke Realty, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Duke Realty and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without acknowledgement or compensation to You or any other person sending the Communications. You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

 

Revocation of Access

Duke Realty may, in its sole discretion, and at any time, discontinue the Website or any part thereof, with or without notice, or may prevent Your use of the 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. Upon any such termination or suspension, You must immediately destroy any downloaded or printed Materials.

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 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.

 

Accuracy of Information

Duke Realty attempts to verify that information on the Website is complete, accurate, and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on the Website, or whether or not such information is current. Duke Realty expressly disclaims any liability for damages, whether direct, indirect, special, punitive, incidental, exemplary, or consequential, resulting from inaccuracies contained on the Website. For example, properties included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. Property information provided on the Website is for information purposes only. Although Duke Realty strives to display properties as accurately as possible, sometimes Your computer and monitor settings can affect what You see when You look at the Website. In addition, We may make changes in information about price and availability without notice.

Information and content may have been contributed to the Website by various third parties, including, without limitation, third party-service providers. The inclusion of such information and content does not indicate any approval or endorsement thereof, and Duke Realty expressly disclaims any liability with respect to such information and content.

 

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 (a) Your violation of these Terms, including any violation of the “Guidelines for Linking to Duke Realty’s Website” section below; (b) any allegation that the Communications You submit through the Website infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other personal or proprietary rights of any third party; or (c) Your activities in connection with the Website.

Availability and Internet Delays

The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, and are partially provided by third parties. These factors are not fault free. Duke Realty does not warrant or guarantee that the Website or Products or Services offered on the Website will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, available at all times, or immune from unauthorized access. We cannot guarantee the security of Your information transmitted to the Website. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

Disclaimer of Warranties

DUKE REALTY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO.

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. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.

 

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 IT 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.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DUKE REALTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO, THROUGH, OR IN CONNECTION WITH OUR WEBSITE BY ANY THIRD PARTY; OR (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. DUKE REALTY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR MATERIALS, AS APPLICABLE.

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 only in these jurisdictions.

 

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 and Duke Realty expressly disclaims any liability stemming from Your use of third-party sites. 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. You acknowledge and agree that Duke Realty is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

 

Guidelines for Linking to Duke Realty’s Website

If You would like to link to the Website, You must comply with the following guidelines. A site that links to the Website:

  • must have express written authority from Duke Realty prior to linking of any kind or manner;
  • may link to, but not replicate, Duke Realty content;
  • shall not create a browser or border environment around, or mirror, any portion of the Website;
  • shall not imply that Duke Realty is endorsing it or its products;
  • shall not misrepresent its relationship with Duke Realty;
  • shall not present false information about Duke Realty products or services;
  • shall not use the Duke Realty logo without express written permission from Duke Realty; and
  • shall not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups and otherwise complies with these Terms.

 

Copyright Infringement

If You believe in good faith that Your copyrighted work has been infringed by Materials on the Website and You want Duke Realty to take down or disable the infringing materials, You must provide all the information requested on the below Notification of Claimed Infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C Section 512(c)(3)(A).

Duke Realty requires the following information from you:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
  • identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Us to locate the material;
  • information reasonably sufficient to permit Us to contact You, such as an address, telephone number and, if available, an electronic mail address at which You may be contacted;
  • a statement 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
  • a statement that the information in Your notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices under this “Copyright Infringement” section with respect to the Website should be sent to Duke Realty Corporation, Attention: General Counsel, 8711 River Crossing Boulevard, Indianapolis, Indiana 46240, United States of America.

 

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.

 

Electronic Communications

 When You visit the Website or send emails to Duke Realty, You are communicating with us electronically. You consent to receive communications from Us electronically. We may communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

 

Notice for California Users

 Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

 

Modification

 Duke Realty may modify these Terms at any time, with or without notice. Your continued use of the Website constitutes 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. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website. Upon Our request, You agree to sign a non-electronic version of these Terms of Use.

 

Dispute Resolution

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. To the extent any disputes arising out of these Terms appear in court, they 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.

You and Duke Realty agree that any legal disputes or claims arising out of or related to these Terms that cannot be resolved informally shall be submitted to binding arbitration in Indiana, except that You may assert claims in small claims court if Your claims qualify. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “Rules”), or as otherwise mutually agreed by You and Duke Realty. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Rules, including instructions for how to initiate arbitration, are available at https://www.adr.org. Claims shall be brought within the time required by applicable law.

You and Duke Realty agree that any claim, action or proceeding arising out of or related to the Terms must be brought in Your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. You understand and agree that by entering into these Terms, You and Duke Realty are each waiving the right to trial by jury or to participate in a class, collective or representative action. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the AAA. Reasonable attorneys’ fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.

By using the Website, You are waiving the right to have a trial by jury to resolve any dispute alleged against Duke Realty; You are waiving the right to have a court, except as otherwise set forth herein, resolve any dispute alleged against Duke Realty; You agree to waive the right to have a court review any decision or award of an arbitrator, whether interim or final, except for appeals based on those grounds for vacatur expressly set forth in Section 10 of the Federal Arbitration Act. You are waiving the right to serve as a representative, as a private attorney general, or in any other representative capacity, to join as a class member, and/or to participate as a member of a class of claimants in any class, mass, consolidated or combined action or arbitration filed against Duke Realty.

 

Miscellaneous

Duke Realty may transfer ownerships rights and title in the Website to any affiliated or unaffiliated third party (whether by way of merger, sale of shares, sale of assets, license or otherwise), provided that Your rights according to these Terms are not infringed by the transfer of ownership. In that case, all of Your details and information pertaining to You will be passed on to the person or entity receiving the rights in the Website, and You hereby give Your prior consent thereto.

Any attempt by You to undermine the legitimate operation of the Website 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.