TERMS OF USE

Last updated: 06/01/2016

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 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.

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 warranty 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 Notice 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.

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 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.

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 authorizes you to access and view the Website in the manner provided by Duke Realty and to download certain Materials at this 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 this 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 this Website are protected by copyright and other laws in both the United States 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 to choose a password. Some areas of the Website may require you to be or 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, 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 this 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 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 this 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 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. 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 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.

Accuracy of Information

Duke Realty attempts to verify that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on this Website, or whether or not such information is current. 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 and although Duke Realty makes every effort 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.

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 6

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 OR THROUGH 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.

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.

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. 7

• Shall not use the Duke Realty logo without express written permission from Duke Realty.

• 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.

Copyright Infringement

If you believe in good faith that your copyrighted work has been infringed by Materials on this 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.
  • 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, 600 East 96th Street, Suite 100, 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 8

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 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. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website. Upon our request, you agree to sign a non-electronic version of these Terms of Use.

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 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.