Terms of Use

Effective:  August 2021

Welcome to this Website (the “Website”) hosted by Prologis in Brazil and its affiliates and subsidiaries (collectively referred to as “Prologis in Brazil”) and by third parties on Prologis in Brazil’ behalf. Please read these terms of use (“Terms of Use”) carefully before using the Website. By using the Website, you agree to all of the terms and conditions outlined herein and on the Privacy Policy. If 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 Website. 

Updates to Terms of Use

Prologis in Brazil reserves the right 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 Website regardless of previous communication, 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 publicly posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Prologis in Brazil may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Prologis in Brazil may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Prologis in Brazil may terminate the authorization, rights and license given herein.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Website, to understand our practices. The Privacy Policy may change from time to time, so review it with regularity and care. Your Personal Data, as defined on the Privacy Policy, and data from the Website may be collected, used, disclosed and shared in accordance with the Privacy Policy and the Brazilian Data Protection Law (“LGPD”), as well as with rules and regulations set forth by public authorities, in special, the National Data Protection Agency (“ANPD”). You consent to this collection, use, disclosure and sharing, including by Prologis in Brazil, as soon as you begin using the Website.

Your Use of the Website

General

We grant you permission to use the Website subject to the restrictions in these Terms of Use. By using the Website, you agree: (a) that you are 18 years or older and have the requisite power and authority to enter into these Terms of Use; (b) not to use the Website for violating of any laws, regulation or court order, or for any unlawful or abusive purpose; (c) not use the Website for any purpose unintended by Prologis in Brazil; (d) not to use the Website in any manner that could harm Prologis Brazil, its service providers, its affiliates, or any other person; and (e) to comply with any other reasonable requirements or restrictions requested or imposed by Prologis in Brazil.

Your use of the Websites is at your own risk.

Prohibited Uses

You are prohibited from using the Website in a way that:

• tries to gain unauthorized access to the Website, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Website;
• imposes an unreasonable or disproportionately large load on Prologis in Brazil’ 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 in Brazil or posted on the Website.

Prologis in Brazil 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 Personal Data to such law enforcement officials and/or agencies if required by law or judicial order.

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.

Prologis in Brazil' Right to Use Your Contact Us Forms

While Prologis in Brazil does not claim ownership of any  ideas, suggestions or feedback that you may otherwise provide to Prologis in Brazil at the Nos Envie um E-mail section (“Contact Us Forms”). By submitting a  Contact Us Forms, you hereby authorize and grant to Prologis in Brazil the royalty-free right to use, display, commercialize, reproduce, publish and publicly display the Contact Us Forms in whole or in part, anywhere in perpetuity 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. Without limiting any of the foregoing, Prologis in Brazil will have the right to use, copy, display, the Contact Us Forms in any manner that Prologis in Brazil may determine. By submitting a Contact Us Forms, you represent and warrant to Prologis in Brazil that you have all necessary rights in and to all Contact Us Forms you provide and all information they contain and that such Contact Us Forms do not infringe any laws.

Use of Website’s Content

All information and content included on the Website are provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Prologis in Brazil strives to provide accurate and up-to-date material on the Website. However, Prologis in Brazil makes no warranties or representations as to the accuracy or timeliness of the material provided through the Website. Prologis in Brazil assumes no liability or responsibility for any errors or omissions on the Website.

Other Websites

For your convenience, Prologis in Brazil may provide links to websites belonging to other companies. Those websites are not under the control of Prologis in Brazil, 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 in Brazil has provided a link to such websites is not to be interpreted as an endorsement of their content. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those websites.

Securities of Prologis in Brazil

Prologis in Brazil is not providing investment advice through the Website, and the material on the Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Prologis in Brazil. If you decide to use any material available on the Website in assessing whether to buy or sell securities of Prologis in Brazil, please be aware that the material on the Website reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance. See the “Forward-Looking Statements” section below.

Nothing contained in this website shall constitute an offer to sell or the solicitation of an offer to buy securities in any existing or to-be-formed issuer. Any such offer or solicitation will only be made in a transaction registered under, or exempt from the registration requirements of the Securities Act of 1933, as amended, and applicable regulation set forth by the Brazilian Securities Commission (“CVM”). Neither we, nor any of our advisors, agents, affiliates, partners, members or employees, makes any representation or warranty as to the accuracy or completeness of the information herein or assumes responsibility for any loss or damage suffered as a result of any omission, inadequacy or inaccuracy contained herein.

Forward-Looking Statements

The Website may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of Prologis in Brazil and its affiliates. These forward-looking statements are based on current expectations and are not guarantees of performance. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of management. Actual performance and results will be subject to important economic and other factors that could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Many of these risks and uncertainties are identified in the reports Prologis in Brazil files with the Securities Authorities. Any such forward-looking statements (and any other dated materials) speak only as of the date made and Prologis in Brazil cautions readers not to place undue reliance on them. Prologis in Brazil undertakes no obligation to update any forward-looking statement based upon new information, future events or otherwise.

Prologis in Brazil’ Copyright and Trademarks

All content included on Website, such as text, graphics, logos, button icons, images, and software, is the property of Prologis in Brazil or its content suppliers and is protected by Brazilian and international copyright, trademark or other laws. The materials posted on the Website by Prologis in Brazil may be retrieved solely for your own personal use or in connection with any business relationship between yourself and Prologis in Brazil 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 the contents of the Website without the express written permission of Prologis in Brazil. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Prologis in Brazil. All rights reserved.

Copyright Complaints

Copyright owners who believe that material appearing on the Website infringes their rights under copyright law may submit a notice to us requesting that the material be removed.

The notice must include the following information: (a) a valid signature of a person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that is claimed to have been infringed upon; (c) a description of the material that is claimed to be infringing, and where such material is located on the Website; (d) your name, address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Such notices under this section should be sent to:

Prologis in Brazil

Avenida Brigadeiro Faria Lima, 4285, 8º andar, Itaim Bibi, São Paulo-SP, 04538-133, Brasil

Reporting Violations

If you see something on the Website 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 Website, including the Public Forum.

Translation

We may translate these Terms of Use into other languages for your convenience. However, the Portuguese version governs your relationship with Prologis in Brazil within the Brazilian territory.

Choice of Court

Any dispute arising out of your use of the Website or material from the Website shall be resolved São Paulo Central Court’s jurisdiction.

Termination

Prologis in Brazil may terminate your access to the Website at any time and for any or no reason. You shall have no recourse and Prologis in Brazil shall have no liability as a result of any such termination.

Notwithstanding anything to the contrary above, in the event of any termination of these Terms of Use or your access to the Website, 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 in Brazil’ right to use your  Contact Us Forms.

Disclaimer of Warranty and Limitation of Liability

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

Prologis in Brazil makes no warranties or representations that the Website will be error-free, secure or uninterrupted, and 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 Website or any materials provided on the Website. Prologis in Brazil makes no warranties or representations as to the accuracy, completeness or timeliness of the materials provided on the Website. Prologis in Brazil assumes no liability or responsibility for any errors or omissions on the Website.

Neither Prologis in Brazil, its affiliates, agents, employees nor contractors will be liable to you or any other party for damages  in connection with your use of the Website

Indemnity

You hereby release, discharge and agree to indemnify, defend, and hold Prologis in Brazil, 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 Website; (ii) your violation of the Terms of Use; (iii) any use of your Suggestions by Prologis in Brazil;  and/or (iv) the infringement by you of any intellectual property or other right of any person or entity. Prologis in Brazil 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 in Brazil. Prologis in Brazil will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Contact Us

Any questions regarding these Terms of Use should be directed to [email protected].

Avenida Brigadeiro Faria Lima, 4285, 8º andar, Itaim Bibi, São Paulo-SP, 04538-133, Brasil