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Terms of Use

Updated June 2024

Use and Acceptance

These Terms of Use (“Terms of Use”) are a legal contract between you and KBS Realty Advisors LLC (collectively “KBS”, “we” or “us”) acting as the U.S. asset manager. The terms explain how you are permitted to use the website located at the URL: http://www.kbs.com as well as all associated sites linked to kbs.com by KBS, our subsidiaries, and affiliated companies (collectively, the “Site”). By using this Site, and/or any tools and/or services offered and/or provided by KBS and/or its subsidiaries, affiliates, and/or partners through or as a result of your use of this Site (collectively, the “Services”), you are agreeing to all the terms contained herein. KBS may also require that you agree to other specific terms and conditions at the time you use or sign up for certain Services. Those other terms and conditions are incorporated herein by reference. Your use of this Site or of any Services constitutes your agreement to all such terms, conditions, and notices. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site or any Services offered or provided through this Site.

Modification

KBS may update and change the Site and/or these Terms of Use from time to time without notice to you. If KBS changes these Terms of Use, KBS will post the updated Terms of Use to this website and by providing notice on the main page of the website. You agree that by using this Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with the updated Terms of Use.

Authority

By using this Site, you represent, acknowledge, and agree that you are at least 18 years of age, that you have the legal right and ability to agree to these Terms of Use, and that you will use this Site, the Services, and any products or services received as a result of your use of the Services in a manner consistent with these Terms of Use.

Privacy Policy

Please review the KBS Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to KBS.

Authorized Use, Copyrights, and Trademarks

This Site and the Services may contain copyrighted works, trademarks, and other proprietary material owned by KBS or its content providers. If no restrictions are displayed, you may download, view, and copy the information available from this Site for non-commercial personal or educational purposes only, provided that each copy includes any copyright, trademark, or service mark notice or attribution as they appear on the pages copied. However, except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from this Site without the express written permission of KBS and/or its content providers. You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from this Site without the express written permission of KBS and/or its content providers. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof, except as expressly authorized. You may not modify, amend, reduce the size of or in any way obliterate any warning, notice, liability limitation, or other license provision in material or images on or from this and provided by KBS for itself or other content providers. You may not assign, sublicense, transfer, pledge, lease, rent, or share your rights under these Terms of Use, unless otherwise agreed to in writing by KBS. Nothing contained on this Site and/or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to KBS trademarks or copyrighted material of KBS or any third party without the express written permission of the applicable party.

You also agree not to use the Site and/or Services for any unlawful purpose. You agree to comply with reasonable written requests by KBS to protect the information providers’ and KBS’ respective rights in the information contained in this Site and/or as a part of the Services. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed content.

When using this Site and/or the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Post anything contrary to our public image, goodwill, or reputation.

This list of prohibitions provides examples and is not complete or exclusive. KBS reserves the right to terminate access to your account, your ability to post to this Site with or without cause and with or without notice, for any reason or no reason, or for any action that KBS determines is inappropriate or disruptive to this Site or to any other user of this Site.

KBS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at KBS’s discretion, KBS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Limitation of Liability

By accessing this Site and/or using or receiving any Services, you agree to hold harmless and waive all claims against KBS and all third party content providers regarding the information provided on this Site and any information received by you as a result of using the Services, and any use by you of such information. You agree that under no circumstances shall KBS or any other party involved in creating, producing, or delivering this Site or its contents or Services be liable to you for any direct, indirect, incidental, special, or consequential damages or for loss of profits, good will, business interruption, use, data, equipment or other intangible losses (even if we have been advised of the possibility of such damages) that result from (1) the use of or inability to use this Site or any Services (2) the consequences of any decision made or action or non-action taken by you or by anyone to whom you communicate such information, or for any errors by you in communicating such information; (3) the cost of substitute goods or services; or (4) any other matter relating to the content, services, or distribution of services through this Site. KBS shall not be liable for damage or injury to persons or property arising from any use of any product, information, procedure, or service obtained through this Site.

KBS’s entire liability and your exclusive remedy with respect to any dispute or claim related to these Terms of Use, any Services, or the Privacy Policy is your cessation of the use of this Site and/or any and all Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

KBS cannot and will not assume any liability for unauthorized or fraudulent use of this Site and any Services.

Indemnification

You agree to indemnify and hold KBS and all third party content providers which provide content for this Site and/or the Services (either through links or otherwise), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Site, your use of the Site or the Services, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another user.

Disclaimers

Some of the content on this Site and/or the Services may be provided by third party content providers and users. KBS is a distributor and not a publisher of such content and has no editorial control over it. Any opinions, advice, statements, services, offers or other information given or provided by third parties (including merchants and licensors) are those of the respective authors or distributors of such content and not of KBS.