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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 to:

  • 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.

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, 2007.

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.