Terms and Conditions of Use
Effective as of July 1, 2013The Douglas Emmett website at www.douglasemmett.com (the “Site”) is a copyrighted work belonging to Douglas Emmett, Inc., a Maryland corporation (“Douglas Emmett”). Douglas Emmett grants you the right to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
License
Subject to these Terms of Use, Douglas Emmett grants you a limited, royalty-free license to view the materials contained on the Site (the “Materials”) and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Douglas Emmett server. You are not granted any right to use Douglas Emmett trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Douglas Emmett.
Modification
Douglas Emmett reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Douglas Emmett will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Mailings and Calls
By submitting your name, phone number, email address, and any other personal information to Douglas Emmett, you hereby grant Douglas Emmett, subject to Douglas Emmett’s Privacy Policy, a royalty-free license to use and disclose this information, including but not limited to (i) using and disclosing such information in connection with periodic mailings to you about Douglas Emmett products, services, and news (“Mailings”), or (ii) calling you directly about Douglas Emmett products, services, and news (“Calls”). The terms and conditions of these Terms of Use shall apply to all such Mailings and Calls.
Submissions
All remarks, suggestions, ideas, graphics, data, personal information, resumés, questions or other information communicated to Douglas Emmett through the Site, by facsimile or through the mail (electronic or otherwise) (a “Submission”) will forever be the property of Douglas Emmett. Unless otherwise specified in our Privacy Policy, Douglas Emmett will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Douglas Emmett services or operations. Without limitation, Douglas Emmett will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Douglas Emmett, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
Site Use Rules
Our Site may only be used for lawful purposes. Douglas Emmett specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
3. Deleting or revising any material posted by any other person or entity;
4. Harming minors in any way;
5. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
6. Aggregating, copying or duplicating in any manner any of the Materials or other information available from our Site.
We do not knowingly collect identifiable information from anyone under thirteen years of age.
Accuracy of Content
Douglas Emmett does not warrant the accuracy or completeness of the information provided on the Site. Also, Douglas Emmett may make changes to the information contained herein at any time, without prior notice to you. Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Douglas Emmett be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, DOUGLAS EMMETT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
IN NO EVENT SHALL DOUGLAS EMMETT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DOUGLAS EMMETT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright
The Site and the Materials are copyrighted works of Douglas Emmett. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Douglas Emmett.
Restricted Rights Legend
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
Trademarks
Douglas Emmett® is a registered trademark of Douglas Emmett Properties, LP.
THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE CONSTANTLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION.
For further information on intellectual property matters, contact Douglas Emmett at 1299 Ocean Ave., Suite 1000, Santa Monica, CA 90401. For questions or technical problems regarding this service, please contact the webmaster.
Amendment
Douglas Emmett may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Notice
If you have any questions about these Terms of Use or our Privacy Policy, you may contact Douglas Emmett at:
Douglas Emmett, Inc.
1299 Ocean Ave., Suite 1000
Santa Monica, CA 90401
General
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Los Angeles County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
Vendor Terms & Conditions
We have established this web site to provide the terms and conditions under which we contract with our vendors and contractors.
Please click on the icon on the right to download the current version of our Standard Contract Terms and Conditions (our “Contract Terms”). Our Contract Terms govern each written or electronic Statement of Work or Purchase Order (each a “PO”) which references our Contract Terms. Any deviations or additions must be specifically noted in the applicable PO; any other terms or understandings relating to the subject matter of that PO, whether in writing or verbal, are specifically superseded.
Please be aware that we may change the Contract Terms in the future. Any revised Contract Terms will become effective for any POs executed 30 days after the date of the change on this site. We do not provide separate notice of such changes, so you should check this site and download and review any revised version of the Contract Terms before accepting any subsequently issued PO. If you accept a PO after a revised version has been posted, you will be deemed to have accepted the revised version.