PS Business Parks, Inc. (“PS Business Parks” or “Company”) and its affiliates (“Company Affiliates”) provide their services to you (“You”, “User,” or “Customer”) subject to the following notices, terms, and conditions.
Visiting the Site or sending emails to PS Business Parks constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Trademarks and Copyright Notice
User acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service (“Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by the Company. This website contains material which is owned by or licensed to the Company. PS Business Parks, Inc. together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website. All intellectual property rights, copyrights, and trademarks are expressly reserved. PS Business Parks, Inc. is a registered trademark of PS Business Parks, Inc., in the United States and other countries. “Company Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations the Company uses in connection with the Service or any other service. User acknowledges the Company’ rights in the Company Trademarks and agrees that any and all use of the Company Trademarks by User shall inure to the sole benefit of the Company. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Copyright (c) 1998 PS Business Parks, Inc. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by the Company. User agrees not to use or divulge to others any information designated by the Company as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.
Use of Site; Restrictions
This Site and its Contents may be used solely for your own personal, non-commercial use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy cashing, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of PS Business Parks, Inc. Users may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal use only, but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF THE SITE AND THE SERVICE IS AT USER’S SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE OR SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WIL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES UNDER CERTAIN CIRCUMSTANCES; CONSEQUENTLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER, IN WHOLE OR IN PART.
Limitation of Liability
As a condition of use of the Site and Service, and in consideration of the Services provided by the Company, User agrees that neither the Company, nor any officer, affiliate, director, shareholder, agent, contractor, or employee of the Company (the “Company Affiliates”), will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly therefrom, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following: Reliance, Termination, Infringement, Force Majeure. The limitations set forth in this section apply to acts, omissions, negligence and gross negligence of Company and/or Company Affiliates, which, but for this provision, would give rise to course of action in contract, tort, equity or any other legal doctrine. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and security protocols. The Company shall not be liable for any direct, indirect, incidental, punitive, special, multiple, treble, or consequential damages resulting from the use or inability to use the Services or for cost of procurement or substitute goods and services or resulting from any products or services purchased from the Company including loss of profits, use, data or intangible property, even if the Company has been advised of the possibility of such damages. The entire liability of the Company and Your exclusive remedy with respect to the use of this Site and Service are limited to Five-Hundred U.S. Dollars (US $500.00). You hereby release the Company and the Company Affiliates from any and all obligations, liabilities and claims in excess of this limitation.
User will defend, indemnify and hold harmless the Company and the Company Affiliates, and their respective successors and permitted assigns, from and against any claim, suit, demand, loss, damages, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of, or relate to: (a) acts or omissions by User out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. User acknowledges that the Company has no control over the content of information transmitted by User and User’s customers and that the Company does not examine the use to which User or User’s customers put the Service or the nature of the information User or Users customers send or receive. User hereby indemnifies and holds harmless Company and Company Affiliates from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or Users.
Promotions and Offers
From time to time, the Company may offer promotions or special offers to new customers of PS Business Parks, Inc. Any such promotional or special offers are subject to change, with or without notice. Such promotional or special offers are also subject to availability. Other restrictions, taxes, and fees, including an administrative fee, may apply. Please review your contract for full details. Promotions good for new customers only. Pricing subject to change. Please inspect any office or space before leasing and any and all Terms related to your specific use of the Services are subject to the conditions set forth in your lease contract with the Company.
Links to Other Sites
Our web site may link to Websites or resources not maintained or related to PS Business Parks, Inc. or Company Affiliates. We provide these links as a service to our Users. We do not imply approval, sponsor, or endorse these other sites and we have not reviewed the other sites. We are not responsible for the content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. This Site and the third-party Websites, including linked Websites, are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk. User agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance of any such content, products, or services available on such external sites or resources. This disclaimer of any and all warranties and this limitation on liability shall also apply to any and all credit card payments made online through this Site, or redirected through this Site, and its links to any other processing or payment Websites.
Online One-Time Credit Card Payment Service
We accept one-time credit card payments as a convenience to customers. PS Business Parks, Inc. utilizes third party payment processing through Wells Fargo Bank. PS Business Parks, Inc. does not offer or utilize a dedicated merchant account. PS Business Parks, Inc. does not store, maintain, or utilize your Personal Information provided by you by utilizing our one-time credit card payment option on or through this Site. Any and all disputes, grievances, claims, or losses incurred or accrued by means of your use of the one-time credit card payment service shall remain with you, the user, and the third party payment processor only. User agrees it has authorization and permission to enter the credit card payment information; and to be responsible for any and all charges entered. When you use the Online One-Time Credit Card Payment service described in this Agreement, or authorize others to use it, you agree to the terms and conditions of the entire Agreement. Your use of Online One-Time Credit Card Payment Service will not affect the lease agreement between us for your rental space(s). When you utilize our Online One-Time Credit Card Payment Service, you are still obligated to the payment terms and conditions, including fees, as stated in the terms and conditions outlined in the rental space lease agreement that you signed with PS Business Parks, Inc. You should review your rental space lease agreement with us for any applicable fees and for any limitations or restrictions.
To use online bill paying you must have:
Online credit card payment services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed online when you attempt to access the customer payments portal.
You may use online bill paying to pay for your monthly rental space fees, late fees or other rental-related fees. If you choose to pay your leased space monthly rent online, you may make one-time payment online from a credit card(s). We currently accept American Express, Mastercard, Visa, and Discover. There is a non-refundable 3% convenience fee for using this service. The convenience fee will be included in the amount charged to your credit card on the customer payments page of this Site. By submitting your online payment, you, the customer, hereby authorize PS Business Parks, Inc. by means of a third party payment processor to charge your designated credit card, and to apply the said charge towards the monthly rental fee designated in your lease agreement with PS Business Parks, Inc. You understand that you will remain responsible for your monthly rent and any additional fees, should your credit card not be available for your designated charge. You agree that you will submit your credit card for online payment only when a sufficient balance is or will be available at the time you authorize us to charge your account. If you do not have sufficient balance available, or the payment is returned and the charge is not completed, you will still be responsible for making the payment according to the terms and conditions set forth in your lease agreement in addition to any applicable fees. PS Business Parks, Inc. may not notify you in time prior to your account being overdue in the event that we were unable to successfully charge your credit card submitted by online payment, and PS Business Parks, Inc. will not be liable for your losses or damages.
Non-Disclosure of Account Information
Questions About Online One-Time Credit Card Payment Service
In case of errors, or if you have questions about your one-time online credit card payment, contact our Customer Service Center at (818) 244-8080 or via email at the address posted on the www.psbusinessparks.com website under Customer Service.
Limitation of PS Business Parks, Inc.’s Liability for Online One-Time Credit Card Payment Service
Tell us at once if you believe someone has accessed your account without your permission. The best way to minimize your loss is to call us IMMEDIATELY. The unauthorized use of your online bill paying services could cause you to be mis-credited or lose money which may affect your current status with PS Business Parks, Inc. PS Business Parks, Inc. will not have any liability if you do not notify us within 48 hours of your realization of the compromised account. Unless otherwise required by law, in no event will PS be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages.
Acknowledgment of Commercially Reasonable Security Procedures
By using our Online One-Time Credit Card Payment Service, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions through third party payment processors that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).
Modifications to the Service
The Company reserves the right to modify or discontinue all or part of the Site or Service, either temporarily or permanently, with or without notice to the User, and is not obligated to support or update the Service or Site. The amended Terms shall be effective immediately after they are posted on PS Business Park, Inc.’s website, www.psbusinessparks.com. User’s continued use of the Service and Site after the posting of the amended Terms on the Site constitutes Users affirmative: a) acknowledgment of the Terms and its modifications; and b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that the Company shall not be liable to User or any third party in the event that the Company exercises its right to modify/discontinue all/part of the Service or Site.
This Site is created and controlled PS Business Parks, Inc. in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any choice of law or principles of conflicts of laws. User agrees and consents to the exclusive jurisdiction and venue of the State of California as to any and all interpretations, as well as any and all issues, disputes, or conflicts as to the Site, as well as this Agreement. The Company reserves the right to make changes to the Site and these disclaimers, terms, and conditions at any time.