Terms and Conditions of Use
(Effective as of October 14, 2022)
The following Terms and Conditions of Use (these “Terms”) set forth the basic rules that govern your use of [https://www.phillipsedison.com] and any website or online service owned, licensed, or operated by Phillips Edison & Company, Inc. and its affiliates (collectively, “PECO,” “we,” “our,” or “us”) that incorporate these Terms by reference (collectively with any content, materials, functionality, and/or services offered thereon, the/this/our “Website”).
Welcome to our Website. PECO appreciates your interest in our company and your visit to this Website.
ALTHOUGH WE ATTEMPT TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE ASSUME NO RESPONSIBILITY FOR, NOR GUARANTEE, THE ACCURACY OF THE INFORMATION OR MATERIALS ON THIS WEBSITE, AND SUCH INFORMATION OR MATERIALS MAY, AT TIMES, CONTAIN INACCURACIES, MISSTATEMENTS, OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, WE MAY NOT UPDATE THIS WEBSITE ON A DAILY, MONTHLY, OR OTHER REGULAR BASIS. AS SUCH, THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE MAY BE OUT-OF-DATE OR INCLUDE OMISSIONS OR OTHER ERRORS. WE MAY CHANGE THE INFORMATION OR MATERIALS PROVIDED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
WE DO NOT WARRANT (I) THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (II) THAT DEFECTS, INNACURACIES, OR MISSTATEMENTS WILL BE CORRECTED, OR (III) THAT THIS WEBSITE OR THE SERVER MAKING IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or THIS Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to THIS WEBsite for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THIS WEBSITE AND THE CONTENT OF THIS WEBSITE ARE PROVIDED BY US ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ONLY FOR GENERAL INFORMATIONAL PURPOSES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES (WHOME WE REFER TO AS, OUR “ASSOCIATES”) AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE CONTENTS OF THIS WEBSITE, THE USE OF THIS WEBSITE OR THE RELIANCE ON INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Access to this Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to this Website and ensuring that all persons who access this Website through your internet connection are aware of these Terms and comply with them.
Access to DashComm®
You acknowledge and agree that in the event you use or access our DashComm platform [https://www.dashcomm.com] or any successor DashComm website owned, leased, or operated by us, you shall comply with the DashComm End User Terms of Service.
Website and Account Security
Product Information / No Offer of Securities
Nothing contained in this Website is intended as a promotion of any product of the offer or securities in a way that conflicts with the laws and regulations of the jurisdiction in which you are located.
Securities of Phillips Edison & Company
We are not providing investment advice through this Website. The material on this Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any of our securities, or the securities of our affiliated companies. If you decide to use any information or material available on this Website in assessing whether to buy or sell our securities, please be aware that the information or material on this Website may reflect past performance and historical information, and that such performance and information is not necessarily an indication of future performance.
We caution you that statements included on this Website that are not a description of historical facts may be forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date they were made. The inclusion of forward-looking statements should not be regarded as a representation or warranty by us that any of our plans will be achieved. Actual results may differ materially from those set forth on this Website due to the risks and uncertainties inherent in our business. For information about the risks and uncertainties that PECO and its affiliates face and a discussion of their financial statements and footnotes, see the periodic public filings made by such entities with the U.S. Securities and Exchange Commission. All forward-looking statements are qualified in their entirety by this cautionary statement and we undertake no obligation to revise or update this Website to reflect events or circumstances after information is posted on this Website, even if new information becomes available in the future.
Third Party Websites
This Website may contain links to other websites that are owned and operated by our business partners, third party vendors or other third parties. This includes links contained in advertisements, such as banner advertisements and sponsored links. Clicking on such a link to a third party website will cause you to leave this Website. The third party websites are not controlled by us and we are not responsible for the content of any third party website or any link contained in any third party website. We do not represent or warrant that the content of these websites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. We are not responsible for any webcasting or any other form of transmission received from any third party linked website. All third party links are provided to you as a convenience and the inclusion of any third party link does not imply endorsement by us of the third party website, and access to any other websites linked to this Website is at your own risk. By using this Website to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Website to link to a third party website.
Third Party Content
Certain content from third parties may be made available as part of this Website. We believe this content is reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to this Website to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms could subject you to criminal or civil penalties.
You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to use this Website:
- In any way that violates any applicable federal, provincial, state, local, municipal, or regional, or international, law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate our company, any of our associates, any of our tenants (whom we refer to as “neighbors”), or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm our business, business partners, neighbors, associates, or other users of this Website or expose them to liability.
Additionally, you agree not to:
- Use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party’s use of this Website.
- Use any robot, spider, or other automatic device, process or means to access this Website for any purpose, including, without limitation, monitoring or copying any of the material on this Website.
- Use any manual or automated process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of this Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
- Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
- Modify, adapt, translate, enhance, remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change this Website.
- Prepare derivative works or improvements of this Website.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available this Website to any third party, except as expressly permitted herein.
- Reverse engineer, disassemble, decompile, decode, or adapt this Website, or attempt to derive or gain access to the source code of this Website, in whole or in part.
- Bypass or breach any security device or protection used for or contained in this Website.
- Otherwise attempt to interfere with the proper working of this Website.
Online Accounts and Platform Services
This Website may offer you the ability to access, install, and/or use certain online accounts and similar online platform services (collectively, “Online Services”), which includes all related software components, any printed materials, and/or online or electronic help files and operating manuals about the Online Services, and any information or databases that may be accessible via the Online Services. For the avoidance of doubt, the Online Services are considered part of this Website and your use of the Online Services, including any Submissions (as defined below) provided thereon, are subject to these Terms, including (but not limited to) this paragraph. Subject to your compliance with these Terms, we hereby grant you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the Online Services we may, from time to time, provide to you as part of this Website. You may not reverse engineer or attempt to extract the source code of our Online Services. Our Online Services may automatically download and install security or other updates without prior notification to you. The Online Services may include components that are provided by a third party (“Third Party Application”), or that are subject to an open source license agreement or any other license that is approved by the Open Source Initiative (each individually, or collectively, referred to as “Open Source Component”). Any use of Third Party Application or Open Source Component by you shall be solely governed by the terms and conditions of the applicable Third Party Application license or open source license(s) and not by these Terms. When appropriate, the applicable licenses shall be set forth in the “about” file in the Online Services or otherwise made available by us.
You hereby agree that PECO may, as we deem appropriate, communicate with you electronically, including by email to any email address that you provide to us or by posting notices on the Website (including on any Online Service). You acknowledge and agree that (i) all electronic communications that PECO furnishes to you satisfy any and all legal requirements that such communications by us be in writing and (ii) any notice PECO furnishes to you electronically, including by direct email or posting notices to the Online Services, is considered to be delivered to you and received by you on the date PECO undertakes and completes the same. You further agree to provide notice, in writing, to PECO if your email address changes. In the event you provide PECO with a telephone number, you hereby agree that PECO may contact you at such telephone number about your use of the Website (including any Online Service), about any of our other services or offerings, or for general informational purposes. You represent to PECO that you are the owner or licensee of any such telephone number you provide to PECO, you have the full right and authority to provide any such telephone number to PECO for the purposes described herein, and you will provide notice, in writing, to PECO in the event you no longer own or license the telephone number that was provided to PECO.
User Responsibilities, Feedback, and Submissions
You agree not to use this Website or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding this Website, but under no circumstances should you send us any financial or sensitive personal information. In addition, we do not want and cannot accept any ideas, materials, or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this Website or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission, or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission.
Termination of Usage
We may terminate or suspend your access to all or part of this Website, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Website or is in violation of any applicable law or these Terms.
We are headquartered in the State of Ohio in the United States. We provide this Website for use only by persons located in the United States. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The laws applicable to the interpretation of these Terms shall be the federal laws of the United States and the laws of the State of Ohio, without regard to any conflict of law provisions. We make no representation or warranty that the content, information, or material on this Website is appropriate for access outside of the United States of America. Those who choose to access this Website from outside the United States of America do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Disputes and Arbitration
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Violations and Additional Policies
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular internet address to this Website.
This Website is owned and operated by us and the entire contents of this Website are subject to U.S. and international copyright protection and intellectual property laws. Unless otherwise specified, all materials appearing on this Website, including the text, site design, graphics, logos, icons and images, and audio and video clips, as well as the selection, assembly and arrangement thereof, are the sole property of us, our content providers or our business partners. Except as otherwise expressly permitted on this Website, you may only view, download, print and retain a copy of pages of this Website provided that (i) your use of such information from this Website is for your informational, personal and non-commercial use only, (ii) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (iii) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (iv) no modifications of such information shall be made. Except as expressly provided on this Website, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit, or distribute any information or material from this Website, in whole or in part, without our prior written permission.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of these Terms, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of this Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws and regulations.
We own or have rights to various trademarks, copyrights and trade names used in our business, including Phillips Edison & Company®, the Phillips Edison & Company logo, DashComm®, and the DashComm logo. Other trademarks and trade names appearing on this Website are the property of their holders. The absence of a product, service, name, slogan or logo from the above list does not constitute a waiver of any trademark or other intellectual property rights. The use of any of our trademarks, copyrights, or trade names without our express written consent is strictly prohibited.
Linking to this Website and Social Media Features
You may link to this Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent. This Website may provide certain social media features that enable you to (i) link from your own or certain third-party websites to certain content on this Website, (ii) send emails or other communications with certain content, or links to certain content, on this Website, or (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause this Website or portions of it to be displayed on, or appear to be displayed by, any other site (e.g., framing, deep linking, or in-line linking); or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Waiver and Severability
No waiver by PECO of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PECO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Modifications to these Terms
At any time, we reserve the right to add to, modify or remove portions of these Terms. The effective date of these Terms will be included at the beginning of these Terms, and will serve as a notice to users of this Website of when changes have been implemented to these Terms. Please check back to this page from time to time to determine if any revisions have been made. Your continued use of this Website after any revisions have been made will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
How to Contact Us about these Terms
If you have any questions regarding these Terms, correspondence may be sent to:
Phillips Edison & Company, Inc.
ATTN: Compliance Department
11501 Northlake Drive
Cincinnati, OH 45249
Use of this Website constitutes your acceptance of these Terms.