Terms of Use

Last Updated: January 2011

Disclaimer
All amenities and land uses described in this Web site are proposed. There can be no assurance that the current proposed improvements, plans or amenities will be completed. Information on commercial properties and residential neighborhoods, prices, plans, dimension, features and/or amenities is subject to change without notice. Maps, plot plans and depictions of homes or other improvements are artist’s conceptions and not to scale. Equal Housing Opportunity.

Introduction
These terms and conditions of use (“Terms of Use”) govern the use of this website provided by Catellus, and its subsidiaries and affiliates (collectively referred to as “Catellus”) and any related website managed by a third party on behalf of Catellus (the “Site”). As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site. By accessing or using this Site or any services available on the Site (“Services”), You agree to be bound by these Terms of Use and that You consent to the privacy policy (the “Privacy Policy”). If You do not agree with these Terms of Use or the Privacy Policy, then You should immediately cease use of the Site and the Services and cease use of all information and materials You have obtained through the Site and/or the Services.

Changes
Catellus reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the Site. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. Catellus may terminate, change, suspend or discontinue any aspect of the Catellus website, including the availability of any features of the website, at any time. Catellus may also impose limits on certain features and services or restrict Your access to parts or the entire website without notice or liability.

Termination
Catellus may terminate the authorization, rights and license given herein. You shall have no recourse and Catellus shall have no liability with respect to any such termination. All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

Intellectual Property
All content included on the Site, such as text, graphics, logos, button icons, images, and software, is the property of Catellus or its content suppliers and is protected by United States and international copyright, trademark or other laws. The materials posted on this Site may be retrieved solely for Your own personal use or in connection with any business relationship between Yourself and Catellus and may be temporarily downloaded to local storage or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of these pages without the express written permission of Catellus. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Catellus. All rights reserved.

Use of Content
Noncommercial Use Only. Except as stated therein, this Site is provided for Your personal noncommercial use only. You agree not to copy or use Catellus’s content in any way that infringes on anyone’s intellectual property rights. You may not use any name, brand, logo, design, slogan or other designations Catellus uses in connection with its products and services. Any copying, republication or redistribution of Catellus content is expressly prohibited without prior written consent.

Prohibited Uses. You are prohibited from using this Site in any malicious or unlawful manner. You will not take any action that imposes an unreasonable or disproportionately large load on Catellus’s infrastructure, including but not limited to the transmitting of spam or using other such unsolicited mass emailing techniques.

You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system.

All information and content included on the Catellus website is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Catellus strives to provide accurate and up-to-date material on our website. However, Catellus makes no warranties or representations as to the accuracy or timeliness of the material provided through this website. Catellus assumes no liability or responsibility for any errors or omissions on this website.

Do Not Use this Site For the Following Activities
While we accept communications from You through this Site, this Site is NOT the appropriate place to submit emergency reports, requests for maintenance and repairs, and other similar requests for assistance with specific property or Site issues. You should contact Your local property manager for all such activities. We do not monitor emails and communications that You send to us on this Site at all hours, and such prohibited request that You may make for emergencies or maintenance or repairs will not be handled in a timely manner if You submit the request through this Site. Catellus bears absolutely no responsibility or liability for any such improper requests submitted through this Site, or our failure to act upon such improper requests.

Other Sites
For Your convenience, Catellus may provide links to websites belonging to other companies, including affiliates of Catellus. Those sites are not under the control of Catellus and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party sites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that Catellus has provided a link to such sites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting Yourself from viruses and other destructive elements that may be present on those sites.

Catellus Investments
Catellus is not providing investment advice through this website, and the material on the website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Catellus or its affiliates. No information on this Site is to be considered investment advice. Information disclosed under corporate securities legislation of United States or any other jurisdiction applicable to Catellus or its affiliates is not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this site. If You decide to use any material available on this website in assessing whether to make any investment in Catellus or with Catellus or any of its affiliates or subsidiaries, please be aware that the material on the website reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance. See “Forward-Looking Statements” below.

Forward-Looking Statements
This Site or any document contained hereon may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of Catellus and its affiliates. Forward-looking statements are typically identified by the words “may”, “could”, “should”, “would”, “will”, “suspect”, “outlook”, “believe”, “anticipate”, “estimate”, “expect”, “intend”, “plan” and words and expressions of similar import. These forward-looking statements are based on current expectations and are not guarantees of performance. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of management. Actual performance and results will be subject to important economic and other factors that could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Any such forward-looking statements (and any other dated materials) speak only as of the date made and readers are cautioned not to place undue reliance on them. Catellus undertakes no obligation to update any forward-looking statement based upon new information, future events or otherwise.

Limitation of Liability
Your use of this Site and material from this Site is at Your own risk.

Catellus uses reasonable safeguards to ensure safe, uninterrupted service, but this Site and Services are provided on an “as is, as available” basis. Catellus makes no warranties or representations that this Site or the Services will be error-free, secure or uninterrupted. Catellus assumes no liability or responsibility for any damage to You, Your Computer, or Your other property, due to Your access to, use of, or downloading of this Site, our Services or any materials provided on this Site.

Neither Catellus, any of its agents, nor any other party involved in creating, producing, or delivering this Site shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Catellus has been advised of the possibility of such damages), resulting from: (i) Your use or inability to use the website; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) statement or conduct or any third party on the website; or (iv) any other matter relating to the website.

Without limiting the foregoing, this Site and the material provided on this Site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Idea Submission / Use of Information
Catellus welcomes Your comments and suggestions on this Site, but Catellus does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information. Excluding Your Personally Identifiable Information (“PII”), which is subject to the Privacy Policy, any information that You send or submit online to Catellus or to business partners working on behalf of Catellus, including but not limited to feedback, data, questions, comments, suggestions, or the like (“Submissions”), shall be deemed non-confidential and the property of Catellus.

Your submission of such information shall constitute an assignment to Catellus of all worldwide rights, titles, and interests in the Submissions, including the right to use, reproduce, modify, disclose and distribute the Submissions without limitation. Catellus shall be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information, and will not be liable for any use or disclosure of such Submissions.

By submitting a Submission, You warrant that Catellus may publish such Submission, use it as part of its operations, and incorporate its concepts in Catellus products without liability or compensation to You. By submitting a Submission, You represent that You have proper authorization for this agreement.

IF YOU ARE A REAL ESTATE OR PROPERTY BROKER, PLEASE CONTACT CATELLUS AT 510-267-3400.

Applicable Law
Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of California, United States of America, without giving effect to that state’s principles of conflicts of laws. Any dispute concerning this Agreement, or this Site, shall be subject to the exclusive venue of a court of competent jurisdiction in Oakland, CA.