Terms & Conditions
Last Revised: June 6, 2018
Applicability and Acceptance of Terms and Conditions of Use. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of the websites of Cousins Properties Incorporated (together with Cousins Properties LP and their respective subsidiaries, “Cousins,” we” or “us”), located at www.cousins.com, as well as to any versions of the Cousins website that Cousins operates and on which this Notice appears (the “Sites”). By accessing and using Cousins’ Sites, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site. By accessing or using Cousins’ Sites, you and the entity you are authorized to represent signify your agreement to be bound by these Terms and Conditions.
These Terms and Conditions do not govern services available from Cousins (even those services that may be ordered or provided by Cousins through one of our Sites) to the extent that any specific terms and conditions apply to such services. Those services are instead governed by the specific agreements, policies, instructions, statements and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms and Conditions or any material contained on one of our Sites.
Access to Our Sites. Access to any of the Cousins’ Sites is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms and Conditions. Any access or attempt to access other areas of any Cousins computer system or other information contained on the system for any purposes is strictly prohibited. Our Sites may be accessed from various locations both within and outside the United States of America (“USA”)> Access to and use of our Sites, including functionality and features and products and services available through the Sites, may be inappropriate, prohibited or restricted in certain jurisdictions outside of the USA. In addition, certain functionality, features, products and services available through our Sites may not be available in jurisdictions outside the USA. Cousins makes no representations or warranty that the Sites are appropriate or available for use outside of the USA. If you access or use the Sites outside the USA< you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access and use the Sites.
If you are under the age of legal majority to form a legally binding agreement under applicable law, you should not use any of the services offered on any of our Sites, or provide information about yourself through our Sites (including, but not limited to, your name, address, email address, phone number or other personally identifiable information). The Privacy Notice governs the use and disclosure of personal information collected from or provided through our Sites.
Use of Our Sites. The Cousins’ Sites are owned and operated by Cousins in conjunction with others pursuant to contractual arrangements. The Sites contain content, data, text, graphics, images, audio and video clips, logos, icons and other materials (collectively, the “Materials”). The Sites, the Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials (and any intellectual property and other rights relating thereto) are and shall remain the property of Cousins and its licensors and suppliers.
The following requirements apply to your use of Cousins’ Sites:
- You will not use any electronic communication feature of any Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful;
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- You will not collect or store personal data about other users;
- You will not use the Sites for any commercial transactions that are unrelated to the purposes for which the Sites are provided;
- You will not upload, post, email or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; and
- You will not upload, post, email or otherwise transmit any material which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Revocation of Access. Cousins may, in its sole discretion, and at any time, discontinue any of the Cousins’ Sites or any part thereof, with or without notice, or prevent your use of any of the Cousins’ Sites with or without notice to you. You agree that Cousins, in its sole discretion, may terminate or suspend your use of any of the Cousins’ sites at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Further, you agree that Cousins shall not be liable to you or any third party for any termination or suspension of your access to the Sites.
Intellectual Property Rights. The names of Cousins, Cousins Properties, the interlocking “C” symbol, The Avenue, the “A” symbol, Terminus, Fareground, and the other source identifying names, graphics and logos on our Sites (“Marks”) are owned by Cousins and may have been registered in the United States and may not be used without the prior written permission of Cousins. Cousins does not permit the use of its Marks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Cousins’ prior written approval.
All content included on this site is the property of Cousins, and is protected by copyright law. Cousins retains all right, title and interest in our Sites’ content. Cousins grants you the nonexclusive, nontransferable, limited, and revocable right to print individual pages from our Sites, without alteration, for your own personal use, and for your or your clients’ consideration with respect to the lease or purchase of Cousins’ properties. Cousins neither warrants nor represents that use of materials displayed on our Sites by you will not infringe rights of third parties not owned or affiliated with Cousins. Use of any materials on our Sites is at your own risk.
Except as authorized in these Terms and Conditions, you may not use, copy, reproduce, republish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of this site or any related software without the prior written consent of Cousins in each instance. The use of Cousins’ Marks, Cousins’ copyrighted materials is strictly prohibited. Cousins will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. Cousins may at any time and without prior notice revise these Terms and Conditions by updating this posting. You are responsible for remaining knowledgeable as to any changes that Cousins may make to the Terms and Conditions. Your continued use of this site following posting of changes to these Terms and Conditions signifies that you accept such revisions.
Forward-Looking Statements. Certain matters discussed on our Sites may be forward-looking statements within the meaning of the federal securities laws and are subject to uncertainties and risks. You can identify these statements by our use of the words “guidance,” “expect,” “plans,” “estimates,” “projects,” “intends,” “believes” and similar expressions that do not relate to historical matters. Forward-looking statements are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. To the extent the information is forward-looking, it is intended to fit within the Safe Harbor for forward-looking information and is subject to material risk factors. Actual results, performance or achievements may differ materially from those expressed or implied in the forward-looking statements as a result of known and unknown risks, including those risk factors detailed from time to time in our filings with the Securities and Exchange Commission.
Employment. Cousins affords equal employment opportunity to all qualified persons without regard to any impermissible criterion or circumstance. Our objective is to provide a work environment free of discrimination and harassment based on gender, race, color, national origin, age, religion, marital status, disability, sexual orientation or veteran status.
DISCLAIMER. OUR SITES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND SERVICES MADE AVAILABLE ON OUR SITES, ARE PROVIDED “AS IS.” COUSINS AND ITS EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF OUR SITES, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. COUSINS AND ITS EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, COUSINS DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES AND MATERIAL ACCESSIBLE FROM OUR SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR SITES INCLUDE INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE COUSINS DESIRES THAT THE INFORMATION ON OUR SITES BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION. COUSINS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION OR SERVICES ON OUR SITES OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION OR SERVICES. COUSINS RESERVES THE RIGHT, WITHOUT NOTICE, AND AT ITS SOLE DISCRETION, TO DENY ANY USER ACCESS TO OUR SITES OR ANY PORTION THEREOF. YOUR USE OF OUR SITES IS AT YOUR OWN RISK.
These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply.
Links. Cousins may, from time to time, provide links to other outside websites. Cousins is not responsible for such linked websites or the content of any of the linked websites. Cousins provides these links as an additional resource for users of our Sites, and we make no representations regarding the content of any linked website or any companies that own, control or manage the linked websites. Consequently, Cousins is not responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, websites linked to from our Sites.
If you would like to link to any Cousins’ Site, you must comply with the following guidelines. Any site that links to one of Cousins’ Sites:
- Must have express written authority from Cousins prior to linking of any kind or manner;
- May link to, but not replicate Cousins content;
- Shall not create a browser or border environment around, or mirror, any portion of the Site;
- Shall not imply that Cousins is endorsing it or its products;
- Shall not misrepresent its relationship with Cousins;
- Shall not present false information about Cousins products or services;
- Shall not use the Cousins logo without express written permission from Cousins; and
- Shall not contain content that could be construed as distasteful, offensive or controversial, and should only contain content that is appropriate for all age groups.
LIMITATION OF LIABILITY. COUSINS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE COUSINS SITES OR INFORMATION, SERVICES OR FUNCTIONS ON SUCH SITE, EVEN IF COUSINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COUSINS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR ASSOCIATED WITH THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITES.
Indemnification. You hereby agree to defend, indemnify and hold harmless Cousins, its directors, officers, employees and agents from and against all claims, damages, awards and expenses, including attorneys’ fees, arising out of or resulting from your use of our Sites.
Choice of Law. These Terms and Conditions, all information on our Sites, and all disputes arising out of, or relating to, our Sites are governed by, and will be construed in accordance with, the laws of the State of Georgia and of the United States of America. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.
General. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. This is the entire agreement between Cousins and you relating to the subject matter herein, and will not be modified except in writing signed by both parties. These Terms and Conditions supersede all prior communications and proposals, whether electronic, oral, or written, between you and Cousins with respect to our Sites, except as otherwise indicated herein.
Copyright Infringement. If you believe in good fai8th that your copyrighted work has been infringed by Materials on a Cousins’ Site and you want Cousins to take down or disable the infringing materials, you must provide all the information required pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3)(A).
Notices sent under this “Copyright Infringement” with respect to a Cousins’ Site should be sent to the address listed in the “Contact Us” section below.
Contact Us. For further information or to contact us with questions, concerns, or comments, you may contact us. Although Cousins will, in most circumstances, be able to receive your email or other information provided through our Sites, Cousins does not guarantee that it will receive all such email or other information timely and accurately. Cousins shall not be legally obligated to read, act on, or respond to any such email or other information.
Contact Us. If you have any questions or comments about these Terms and Conditions, or if you would like us to update information we have about you or your preferences, please contact us by email at WebMaster@cousins.com or call us at 404-407-1000.
You may also write to us at:
Attn: Corporate Secretary
3344 Peachtree Road
Atlanta, Georgia 30326