Disclaimer
The following Terms and Conditions (“Terms”) govern your use of
the AMB web site and the materials accessible on or from this site.
Please read these Terms carefully before accessing any part of the
site. BY ACCESSING, BROWSING AND/OR USING THIS WEB SITE OR ANY OF
SERVICES OR MATERIALS PROVIDED BY THIS WEB SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE
TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF
YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE WEB
SITE.
AGREEMENT BETWEEN YOU AND AMB
The AMB web site (the “AMB Site” or “Site”) is operated by AMB
Property Corporation and its affiliates (“AMB”). Your use of the
AMB Site and any of the services provided by AMB on the AMB Site
(“AMB Services”) at any time is subject to AMB’s then-current
Terms, which may be updated from time to time as set forth below.
In addition, your use of AMB Services may be subject to specific
guidelines or rules posted. Your use of the AMB Site and/or the AMB
Services (collectively, “AMB Site/Services”) constitutes full
acceptance of and agreement to the Terms; if you do not accept the
Terms, you are not granted rights to use the AMB Site or any AMB
Services and should refrain from accessing the AMB Site/Services.
AMB reserves the right at any time to modify or discontinue,
temporarily or permanently, the AMB Site, any AMB Services or Terms
(or any part thereof) or its business as described in the AMB Site
without notice. AMB shall not be liable to you or any third party
for any such modification, suspension or discontinuance. AMB does
not assume any obligation to update any information or item on the
AMB Site. Information on the AMB Site may contain inaccuracies or
typographical errors. AMB does not assume any responsibility
regarding the accuracy or completeness of the information or other
items provided by AMB and the use of such information is at your
own risk. THE AMB SITE AND AMB SERVICES ARE PROVIDED AS-IS WITH NO
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND YOUR USE OF THE AMB
SITE OR AMB SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL AMB BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES FOR ANY USE OF THE AMB SITE OR AMB SERVICES,
OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. AMB PROVIDES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. AMB may
at any time revise these terms by updating this posting. By using
the AMB Site or AMB Services, you agree to be bound by any such
revisions and should therefore periodically visit this page to
determine the then current terms to which you are bound.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Policy disclosures relating to the collection and
use of your personal information. AMB does not want to receive
confidential or proprietary information from you through the AMB
Site. Please note that any information, material, ideas, concepts,
know-how or techniques sent to AMB will be deemed NOT to be
confidential and NOT to be proprietary (“Communicated Material”).
AMB shall have no obligations with respect to such Communicated
Material, and will be free to use, copy, disclose, distribute, or
incorporate any such Communicated Material in any way and for any
purpose.
USE OF AMB SITE/SERVICES
As a condition of your use of the AMB Site/Services, you agree to
not use the AMB Site/Services for any purpose that is unlawful or
prohibited by these Terms, including but not limited t Using the
AMB Site/Services in any manner that could damage, disable,
overburden or impair any AMB Site/Services or interfere with any
other party’s use and enjoyment of any AMB Site/Services;
Attempting to gain unauthorized access to any AMB Site/Service,
other accounts, computer systems or networks connected to any AMB
Site/Service, through hacking, password mining or any other means;
Obtaining or attempting to obtain any materials or information
through any means not intentionally made available through the AMB
Site/Services;
Using the AMB Site/Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise);
Using any material or information, including images or photographs,
which is made available through the AMB Site/Services in any manner
that infringes any copyright, trademark, patent, trade secret or
other proprietary right of any party;
Harvesting or otherwise collecting information about others,
including e-mail addresses; and
Using the AMB Site/Services in violation of any applicable law or
regulation.
CONTENT PROVIDED BY THIRD PARTIES
AMB does not control or endorse the content, messages or
information supplied by third parties to the AMB Site or
transmitted via any AMB Services (“Content”) and does not guarantee
the accuracy, integrity or quality of such Content. AMB
specifically disclaims any liability with regard to the Content,
including, without limitation, liability for any errors or
omissions, or for any damage incurred as a result of the use of
Content. Views expressed on the AMB Site by third parties do not
necessarily reflect those of AMB. AMB does not guarantee the
veracity, objectivity, reliability or completeness of any
information provided on any Linked Site (as defined below). See
“LINKS TO THIRD PARTY SITES” below.
LINKS TO THIRD PARTY SITES
The AMB Site may contain images of and links to third party web
sites (“Linked Sites”). The Linked Sites are not under the control
of AMB and AMB is not responsible for the content of any Linked
Site. AMB is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by AMB of
the site or any association with its operators. You are responsible
for viewing and abiding by the privacy statements and terms of use
posted at the Linked Sites. Any dealings with third parties
included within the AMB Site or participation in promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you
and the advertiser or other third party. AMB shall not be
responsible or liable for any part of any such dealings or
promotions. AMB does not assume any responsibility for your access
and use of any Linked Sites.
NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes,
any use of the AMB Services or access to the AMB Site/Services.
COMMENTS AND COMMUNICATIONS
Visitors may, from time to time, be given the opportunity to post
suggestions, ideas, comments, testimonials, questions or other
information on the AMB Site. It is the responsibility of the
individual providing such content to assure that no portion of the
content is illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights or otherwise
injurious to third parties and does not consist of or contain
software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of “spam.” You may not
use a false e-mail address, impersonate any person or entity or
otherwise mislead anyone as to the origin of the communication or
content.
INTELLECTUAL PROPERTY
The information on the AMB Site, including without limitation all
design, text, images, white papers, press releases and other
information, is protected under United States and other copyright
laws and is owned by AMB or used under license from the copyright
owner. The information may not, except under written license, be
copied, reproduced, transmitted, displayed, performed, distributed,
rented, sublicensed, altered, stored for subsequent use or
otherwise used in whole or in part in any manner without AMB’s
prior written consent, except to the extent that such use is
authorized under United States copyright laws. AMB’s trademarks,
logos, images and service marks used on the AMB Site are the
property of AMB and may not be used without permission from AMB and
then only with proper acknowledgment.
INDEMNIFICATION
You agree to indemnify AMB and hold AMB, its affiliates, officers,
directors, employees, agents, representatives and suppliers,
harmless from and against any and all claims, actions, losses,
expenses, damages and costs (including reasonable attorneys’ fees),
resulting from any breach of this agreement by you. We reserve the
right to assume the exclusive defense and control of any such claim
or action and all negotiations for settlement or compromise, and,
upon our request, you agree to fully cooperate with us in the
defense of any such claim or action.
SECURITIES OF AMB
AMB is not providing investment advice through the AMB Site, and
the material on the AMB Site should not be regarded as an offer to
sell, or a solicitation of an offer to buy, any securities of AMB.
If you decide to use any material available on the AMB Site in
assessing whether to buy or sell securities of AMB, please be aware
that the material on the AMB Site reflects past performance and
historical information only, and that such performance and
information is not necessarily an indication of future performance.
Please see “FORWARD LOOKING STATEMENTS” below.
FORWARD-LOOKING STATEMENTS
Some of the information included in the AMB Site contains
forward-looking statements, such as those related to development
and renovation projects (including stabilization dates, square feet
at stabilization or completion, sale or contribution dates,
weighted average estimated yields from such projects, costs and
total investment amounts), acquisition capital, build out potential
of land inventory, co-investment joint venture investment capacity,
terms of the co-investment joint ventures, cost to buy out joint
venture partners, lease expirations, future debt summaries, future
business plans (such as property divestitures and financings) and
other statements regarding AMB’s properties, markets, and
development, leasing, acquisition, disposition and Capital Partners
activities and strategies, which are made pursuant to the
safe-harbor provisions of Section 21E of the Securities Exchange
Act of 1934, as amended, and Section 27A of the Securities Act of
1933, as amended. Because these forward-looking statements involve
risks and uncertainties, there are important factors that could
cause our actual results to differ materially from those in the
forward-looking statements, and you should not rely on the
forward-looking statements as predictions of future events. The
events or circumstances reflected in forward-looking statements
might not occur. You can identify forward-looking statements by the
use of forward-looking terminology such as “believes,” “expects,”
“may,” “will,” “should,” “seeks,” “approximately,” “intends,”
“plans,” “pro forma,” “estimates” or “anticipates” or the negative
of these words and phrases or similar words or phrases. You can
also identify forward-looking statements by discussions of
strategy, plans or intentions. Forward-looking statements are
necessarily dependent on assumptions, data or methods that may be
incorrect or imprecise and we may not be able to realize them. We
caution you not to place undue reliance on forward-looking
statements, which reflect our analysis only and speak only as of
the date of the AMB Site or the dates indicated in the statements.
We assume no obligation to update or supplement forward-looking
statements. The following factors, among others, could cause actual
results and future events to differ materially from those set forth
or contemplated in the forward-looking statements: defaults on or
non-renewal of leases by tenants, increased interest rates and
operating costs, our failure to obtain necessary outside financing,
re-financing risks, risks related to debt and equity security
financings (including dilution risk), difficulties in identifying
properties to acquire and in effecting acquisitions, our failure to
successfully integrate acquired properties and operations, our
failure to divest properties we have contracted to sell or to
timely reinvest proceeds from any divestitures, risks and
uncertainties affecting property development and construction
(including construction delays, cost overruns, our inability to
obtain necessary permits and public opposition to these
activities), our failure to qualify and maintain our status as a
real estate investment trust, failure to maintain our current
credit agency ratings, environmental uncertainties, risks related
to natural disasters, financial market fluctuations, changes in
general economic conditions or in the real estate sector, changes
in real estate and zoning laws, a downturn in the U.S., California
or global economy, risks related to doing business internationally
and global expansion, losses in excess of our insurance coverage,
unknown liabilities acquired in connection with acquired properties
or otherwise and increases in real property tax rates. Our success
also depends upon economic trends generally, including interest
rates, income tax laws, governmental regulation, legislation,
population changes and certain other matters discussed under the
heading “Risk Factors” and elsewhere in our annual report on Form
10-K for the year ended December 31, 2008.
GENERAL
These Terms are governed by and construed in accordance with the
laws of the State of California, U.S.A., without giving effect to
the conflict of laws provisions of your actual state or country of
residence. You hereby irrevocably consent to the personal and
exclusive jurisdiction and venue of courts in San Francisco County,
California, U.S.A. in all disputes arising out of or relating to
the use of the AMB Site/Services. You agree that no joint venture,
partnership, employment or agency relationship exists between you
and AMB as a result of these Terms or use of the AMB Site/Services.
AMB’s performance of these Terms is subject to existing laws and
legal process, and nothing contained in these Terms is in
derogation of AMB’s right to comply with governmental, court and
law enforcement requests or requirements relating to your use of
the AMB Site/Services or information provided to or gathered by AMB
with respect to such use. If any part of these Terms is determined
to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms shall continue
in effect. These Terms constitute the entire agreement between you
and AMB with respect to the AMB Site/Services and supersede all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and AMB with respect to
the AMB Site/Services. A printed version of these Terms and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to
the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
STATISTICS
In general, you can visit our website without telling us who you
are or revealing any personal information about yourself. Our Web
servers collect the domain names, not the email addresses, of
visitors. This anonymous information, which is aggregated to
measure the number of visits, average time spent on the website,
pages viewed, etc., is used to analyze usage of our website and to
improve its content. In addition, a standard technology called
cookies may be used to provide us with tailored information. A
cookie is a tiny element of data that a website can send to your
browser, which may then be stored on your hard drive so that the
website can recognize you when you return. You may set your browser
to notify you when you receive a cookie. You may also set your
browser to reject all cookies, but without cookies, you may be
unable to access portions of our website.