Terms Of Use

TERMS OF USE – PROLOGIS CUSTOMER RESOURCE CENTER PLATFORM

Effective: February 2022

Welcome to the Prologis' CRC platform (the “CRC Platform”) operated by Prologis, L.P. (referred to as “Prologis” or “we”, “us” or “our”). By accessing, browsing and using the CRC Platform you acknowledge and agree to have read, understood and agreed to all of the terms and conditions outlined herein. Please therefore read these terms of use (“Terms of Use” or “Terms”) carefully before using the CRC Platform.  If you are a Customer and you do not agree with these Terms of Use, or if you are unwilling or unable to be bound by them, please do not use the CRC Platform. Legal and contact information about Prologis, L.P. is available here.

Definitions

Customer means any tenant of Prologis or of a Prologis managed venture.

Customer Services means any Services other than Prologis Services.

Prologis Platforms means the CRC Platforms, the FM Platforms. Essentials and the Knowledge Center.

Prologis Services means the services that Prologis is responsible for in its role of the landlord under the terms of its leases with Customers.

Services means any facility management, technical management or other property related services provided by Vendors in response to tickets, orders or any other requests for services made by the Customers or by Prologis through the CRC Platform.

Users means the users of the CRC Platform including Customers and Prologis personnel.

Vendor means the professional provider of the Services.

The Scope of the CRC Platform

The CRC Platform is provided and operated by Prologis in order to bring together the access to the Prologis Platforms in a single interface, as well as the different Prologis point of contact associated to Customers. Through this CRC platform, Customers and Prologis personnel can access different tools delivered by Prologis such as: Prologis Platforms and Property documents

The CRC Platform may also be used for the storage of information, documents and other materials relevant to the Services and as a communication tool in respect of the Services.

Operation of the CRC Platform

Account Creation. Customers need to create an account to access the CRC Platform. Users must provide accurate, current and complete information during the CRC Platform registration process and keep their account or profile up-to-date at all times. Users must maintain the confidentiality and security of their account and profile credentials and may not disclose such credentials to any third party outside its affiliates.

Prologis Services

The rights and obligations of Prologis vis-à-vis Customer in respect of Prologis Services are determined by the provisions of the relevant lease agreement.

These Terms of Use govern the operation of the CRC Platform only and nothing in these Terms of Use is intended to affect or alter the provisions of such lease agreement. In the event of any contradictions between these Terms of Use and such agreement, the terms of the agreement will prevail.

Updates to Terms of Use

Prologis 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 CRC Platform, and we will note near the top of this page the date that any changes are made. Changes in these Terms of Use will be effective when such change is posted. You are advised to review these Terms of Use on a regular basis. Your continued use of the CRC Platform after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Privacy Policy

Please review our Privacy Policy which describes and explains our collection and use of your personal data in connection with the CRC Platform.

For ease of reference, the following are the links to the Prologis Platforms Privacy Policy and Terms of Use:

  • The FM Platform Privacy Policy and Terms of Use are available here.
  • The Essentials Privacy Policy and Terms of Use are available here.
Your Use of the CRC Platform

General We grant you permission to use the CRC Platform subject to the restrictions in these Terms of Use. By using the CRC Platform, you agree: (a) that you are 18 years or older or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which you are established, and have the requisite power and authority to enter into these Terms of Use; (b) to accurately furnish all contact and other information requested by Prologis and to promptly notify Prologis of any change in the information; (c) to not use the CRC Platform in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (d) to not use the CRC Platform in any manner unintended by Prologis; (e) to not use the CRC Platform in any manner that could harm Prologis, its service providers, its affiliates, or any other person; and (f) to comply with any other reasonable requirements or restrictions requested or imposed by Prologis. Your use of the CRC Platform is at your own risk. If you are using the CRC Platform on behalf of your employer, it means you are authorized to accept the Terms of Use on your employer's behalf.

Prohibited Uses

You are prohibited from using the CRC Platform in a way that:

  • is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Prologis deems in its sole discretion to be inappropriate for this CRC Platform;
  • victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
  • tries to gain unauthorized access to the CRC Platform, our computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the CRC Platform;
  • dilutes or otherwise harms Prologis brand or image in any way, including through unauthorized use of Suggestions;
  • violates or infringes anyone else's rights or otherwise causes harm to anyone;
  • imposes an unreasonable or disproportionately large load on Prologis’ infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
  • transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
  • otherwise violates these Terms of Use or any other guidelines or policies of Prologis or posted on the CRC Platform and any applicable laws or regulations.

Prologis will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any Users who violate these Terms of Use and may disclose your information to such law enforcement officials and/or agencies if required by law (in accordance with our Privacy Policy).

We are under no obligation to enforce the Terms of Use on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

Use of CRC Platform Content

All information and content included on the CRC Platform are provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties, conditions or other terms of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Prologis strives to provide accurate and up-to-date material on the CRC Platform to the extent such material is owned by Prologis. However, Prologis makes no warranties, conditions, representations or other terms as to the accuracy, completeness or timeliness of the material provided through or stored on the CRC Platform. Prologis assumes no liability or responsibility for any errors or omissions on the CRC Platform. Prologis does not monitor, control, make any representation or assume any liability with respect to any material of Users or any third parties that the Users store on the CRC Platform and the Users remain solely responsible for the content of such material. The information and opinions contained on the CRC Platform are provided by Prologis for informational purposes only and are subject to change without notice. Nothing contained on the CRC Platform constitutes investment, legal, tax or other advice nor is it to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

Prologis cannot be held responsible for any errors, any interruptions, whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the CRC Platform or otherwise.

Prologis' Right to Use Suggestions

While Prologis does not claim ownership of any ideas, suggestions or feedback that you may otherwise provide to Prologis (“Suggestions”), by submitting a Suggestion you hereby authorize and grant to Prologis for the entire duration of protection of the applicable rights, the worldwide, irrevocable, non-exclusive, transferable, sub-licensable, assignable, royalty-free right and license to use, display, commercialize, reproduce, publish, modify, distribute, perform and publicly display the Suggestions in whole or in part, anywhere in any and all media, including all print, digital and other communication forms that may exist now or in the future, whether alone or together or as part of any material of any kind or nature, without any compensation to you, even if we terminate your access to the CRC Platform. Without limiting any of the foregoing, Prologis will have the right to use, copy, display, perform, distribute, modify and re-format the Suggestions in any manner that Prologis may determine. By submitting a Suggestion, you represent and warrant to Prologis that you have all necessary rights in and to all Suggestions you provide and all information they contain and that such Suggestions do not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You irrevocably waive, and cause to be waived, against Prologis and its users any claims and assertions of moral rights or attribution with respect to your Suggestions.

Other Websites

Prologis may provide links to websites belonging to other companies. Those websites are not under the control of Prologis, do not link to these Terms of Use, and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party websites. The fact that Prologis has provided a link to such websites is not to be interpreted as an endorsement of their content. You remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those websites.

Prologis’ Intellectual Property Rights

Subject to anything contrary in these Terms, all content included on the CRC Platform, such as, but not limited to, text, graphics, logos, button icons, images, and software, is the property of Prologis or its content suppliers and is protected by copyright, trademark or other laws. The materials posted on the CRC Platform by Prologis may be used solely for your own personal use or in connection with any business relationship between yourself and Prologis and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute or otherwise use the contents (including any translations thereof) of the CRC Platform without the express written permission of Prologis, other than as explicitly allowed by law. Nothing contained herein confers by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Prologis. All rights in Prologis and its affiliates' intellectual property are reserved.

Database

The User acknowledges that the CRC Platform consists of one or more databases made available by Prologis in its capacity as producer of said databases within the meaning of applicable regulations. User agrees not to conduct any direct or indirect, total or partial, qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation, modification, translation, transfer to another site or preservation of the content of one or more Prologis' database without the prior written permission of Prologis. The User also agrees not to conduct repeated and systematic extraction or reuse of qualitatively or quantitatively non-substantial parts of the content of one or more Prologis's databases.

Intellectual Property Right Complaints

If you believe in good faith that material posted on the CRC Platform infringes your copyright or other of your rights, you may submit a notice to us requesting that the material be removed.

Please include the following information: (a) a description of the material that is claimed to have been infringed upon; (b) a description of the material that is claimed to be infringing, and where such material is located on the CRC Platform; (c) your name, address, telephone number and e-mail address; (d) a statement that you have a good faith belief that the use of the allegedly infringed material is not authorized by you, your agent or applicable law; (e) a statement of the accuracy of the notice and, under penalty of perjury, that you are the owner of the material or are authorized to act on behalf of the owner of the material; and (f) your electronic or physical signature.

Such notices under this section should be sent to:

Prologis, L.P.
1800 Wazee Street, Suite 500
Denver, Colorado 80202 USA
ATTN: General Counsel
Or by email to:
[email protected]

Upon receipt of a complaint in accordance with this section, we will review your complaint and confirm what action (if any) we propose to take. Any action which we take in relation to a complaint made in accordance with this section shall be at our sole and absolute discretion.

Reporting Violations

If you see something on the CRC Platform that you believe violates these Terms of Use, you may report it to us by contacting us via the “Contact Us” section below. Reporting a piece of content does not guarantee that it will be removed from the CRC Platform.

Translation

These Terms of Use are provided in English and, the English version governs your relationship with Prologis. At your request, we will provide a translation of these Terms of Use into an official language of a European country where Prologis operates. However, the English version will govern if there are any inconsistencies among the different versions.

Applicable Law and Competent Courts

Any dispute arising out of your use of this CRC Platform or material from this CRC Platform or the Terms shall be resolved according to the laws of State of Delaware, USA, without giving effect to that state's principles of conflicts of laws. All disputes between the Parties under or arising in connection with these Terms and use of the CRC Platform or material from this CRC Platform shall be resolved in accordance with the following procedures: (i) each party shall designate an individual with authority to settle the dispute, and such persons shall meet as soon as possible to attempt to resolve the dispute in good faith; (ii) if these individuals cannot resolve the dispute within ten (10) business days of their first settlement meeting, if the parties so agree, they may submit the dispute to mediation with such mediation to be commenced and administered under and conducted by a single mediator under the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “Rules”); and (iii) any dispute not resolved by mediation within thirty (30) business days of submission of the dispute to mediation, or if either party shall refuse to submit the dispute to mediation, the dispute shall be subject to binding arbitration by a single arbitrator under the Rules, subject to these Terms. Either party may commence arbitration upon first complying with subsections (i) and (ii) above.

Termination

Prologis may terminate, change, suspend or discontinue any aspect of the CRC Platform, including the availability of any features of the CRC Platform, at any time. Prologis may also impose limits on certain features and services or restrict your access to parts or all of the CRC Platform without notice or liability. Prologis may terminate the authorization, rights and license given herein, including termination of your access to the CRC Platform, at any time. 

You shall have no recourse and Prologis shall have no liability as a result of any such termination, change, suspension or discontinuation as described above. Prologis will however make the CRC Platform (or relevant aspect of the CRC Platform) available for a reasonable period of time for the sole purpose of allowing the User to copy any of the documents or information relevant to the User and stored on the CRC Platform. 

Notwithstanding anything to the contrary above, in the event of any termination of these Terms of Use or your access to the CRC Platform, all provisions of these Terms of Use relating to license rights, warranties, confidentiality or privacy obligations, proprietary rights, limitation of liability and indemnification obligations shall continue in full force and effect, including Prologis’ right to use your Suggestions.

Limitation of Liability

Your use of the CRC Platform and material from the CRC Platform is at your own risk. The CRC Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Prologis 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 the CRC Platform or any materials provided on the CRC Platform. To the extent permitted by law, neither Prologis, its affiliates, agents, employees, contractors nor any others involved in making available the CRC Platform will be liable to you or any other party for direct, indirect, incidental, special, consequential, exemplary or punitive damages or losses resulting from lost profits (whether direct or indirect), lost data or business interruption in connection with the CRC Platform, even if Prologis, its affiliates, agents, employees, contractors or any others involved in making available the CRC Platform are aware of the possibility of such damages. These limitations apply to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability and strict liability).

Indemnity

You hereby release, discharge and agree to indemnify, defend, and hold Prologis, its affiliates and agents harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the CRC Platform; (ii) your violation of the Terms of Use; (iii) any use of your Suggestions by Prologis; (iv) any unauthorized use of your Suggestions by third parties once the Suggestion has been publicly disseminated; and/or (v) the infringement by you of any intellectual property or other right of any person or entity. Prologis reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Prologis. Prologis will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Invalidity

If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms.

Contact Us

Any questions regarding these Terms of Use should be directed to our contact page.

The operator of the CRC Platform is Prologis, L.P., a Delaware limited partnership with its principal office located at 1800 Wazee St, Suite 500, Denver, Colorado 80202 USA - telephone number 800 566 2706 (N. America toll-free) Direct +1 303 567 5000