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 website of Cousins Properties Incorporated, The Avenue properties, its subsidiaries and affiliates ("Cousins"). By accessing and using Cousins' website, 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.
These Terms and Conditions do not govern services available from Cousins (even those services that may be ordered or provided by Cousins through this website) 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 this website.
Contact Us. For further information or to contact us with questions, concerns or comments, you may email us at theavenue@cousinsproperties.com. Although Cousins will, in most circumstances, be able to receive your email or other information provided through this website, 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.
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. Your continued use of this site following posting of changes to these Terms and Conditions signifies that you accept such revisions.
Copyright. 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 this website's content. Cousins grants you the nonexclusive, nontransferable, limited and revocable right to print individual pages from this website, without alteration, for your own personal use, and for your or your clients' consideration with respect to the lease or purchase of Cousins' properties. Except as authorized in these Terms and Conditions, you may not produce, publish, 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.
Trademarks. The names of Cousins, Cousins Properties, The Avenue, the "A" symbol, The Avenue Carriage Crossing, The Avenue East Cobb, The Avenue Forsyth, The Avenue Murfreesboro, The Avenue Peachtree City, The Avenue Viera, The Avenue Webb Gin, The Avenue West Cobb, Viera MarketCenter and the other source identifying names, graphics and logos on this website are proprietary trademarks of Cousins or have been licensed by Cousins ("Marks"), 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.
Financial. Historically, the financial results of Cousins have been significantly affected by sale transactions and the fees generated by, and start-up operations of, major real estate developments, which transactions and developments do not necessarily recur. Accordingly, any historical financial statements provided on this website are as of the dates and periods indicated and may not be indicative of future operating results.
Forward-Looking Statements. Certain matters discussed on this website may be forward-looking statements within the meaning of the federal securities laws and are subject to uncertainties and risks. These uncertainties and risks include, but are not limited to, general and local economic conditions, local real estate conditions, the activity of others developing competitive projects, the cyclical nature of the real estate industry, the financial condition of existing tenants, interest rates, the ability of Cousins to obtain favorable financing or zoning, environmental matters, the effects of terrorism, the failure of assets under contract for sale to ultimately close and other risks detailed from time to time by Cousins in its filings with the Securities and Exchange Commission. The words "believes," "expects," "estimates" and similar expressions are intended to identify forward-looking statements. Although Cousins believes that its plans, intentions and expectations reflected in such forward-looking statements are reasonable, future events and actual results, financial and otherwise, may differ materially from those indicated in any forward-looking statement. Such forward-looking statements are based on current expectations and speak only as of the date of such statements. Cousins expressly disclaims any obligation to update or revise any forward-looking statement, whether as a result of future events, new information or otherwise.
Employment. Cousins is an equal opportunity employer. Cousins provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability.
DISCLAIMER. THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS WEBSITE, IS 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 THIS WEBSITE, 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 NONINFRINGEMENT, 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 THIS WEBSITE AND MATERIAL ACCESSIBLE FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS WEBSITE INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE COUSINS DESIRES THAT THE INFORMATION ON THIS WEBSITE 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 THIS WEBSITE 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 THIS WEBSITE OR ANY PORTION THEREOF. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
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 its website users and makes 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 this website.
Privacy and Security. Cousins takes steps to preserve the privacy of personal information you submit over our website. Be advised, however, that the security of the Internet cannot be guaranteed and therefore Cousins is not responsible for any unauthorized access to communications that you submit over the Internet. Please review the The Avenue Privacy Policy for more information about how Cousins handles personal information.
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 WEBSITE 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 THIS WEBSITE.
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 this website.
Choice of Law. These Terms and Conditions, all information on this website, and all disputes arising out of, or relating to, this website 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 this website, except as otherwise indicated herein.
This document was last updated on November 11, 2009.