# The Gallery at South Park > Discover luxury apartment living at The Gallery South Park. Premium amenities, modern design, and an unbeatable downtown location. --- ## Home Source: https://www.thegallerysp.com/ Discover luxury apartment living at The Gallery South Park. Premium amenities, modern design, and an unbeatable downtown location. --- ### Every Great Gallery Is Carefully Curated. So Is This One. A gallery is more than a collection. It's an experience shaped with intention, where every element has a purpose, and every detail contributes to something larger. The Gallery applies that same philosophy to placemaking. Thoughtfully designed architecture, vibrant public spaces, exceptional workplaces, and everyday conveniences come together to create a destination that feels connected, walkable, and distinctly SouthPark. --- Thoughtfully designed to elevate the workplace experience while contributing to SouthPark's continued evolution. - 250,000 SF of Class A office space - SouthPark's tallest office tower - 302 luxury rental residences - Destination retail and outdoor gathering spaces - Expansive sky terrace and indoor-outdoor lounge - Private terraces available - Luxury fitness center and conference facilities - Designed to achieve LEED® and ENERGY STAR Certifications - 56,000 SF of restaurant and retail space --- ### A Collection Designed Around Connection Rather than separating where people work, gather, and unwind, The Gallery brings those experiences together in one cohesive destination. From morning coffee to evening dinners, collaborative meetings to outdoor events, every space has been designed to foster connection throughout the day. --- ### More Than a Workplace The best workplaces don't end at the office door. At The Gallery, hospitality-inspired amenities, private terraces, destination retail, and thoughtfully designed public spaces create an environment where employees can do their best work—and choose to spend more time together. From focused work to informal collaboration and after-hours gathering, every experience has been designed to support productivity, wellbeing, and connection. --- ### Designed for What's Next Designed with longevity in mind, The Gallery targets LEED Certification and ENERGY STAR standards while prioritizing energy efficiency, occupant wellness, and long-term operational performance. --- ### Premier Office Space Now Leasing Discover SouthPark's newest landmark for business, connection, and community. --- ### Rooted in SouthPark Long recognized as one of Charlotte's premier destinations, SouthPark is evolving into one of the city's most connected and dynamic neighborhoods. Situated along Carnegie Boulevard, The Gallery places businesses at the center of Charlotte's premier retail and business district, within walking distance of renowned dining, luxury shopping, and everyday conveniences. Uptown, Myers Park, South End, and Charlotte Douglas International Airport are all just minutes away. Address: 6555 Carnegie Blvd, Charlotte, NC 28211 Coordinates: 35.154179193976226, -80.82861878336985 --- ## Privacy Policy Source: https://www.thegallerysp.com/privacy-policy/ # Privacy Policy Effective as of July 2026 Thanks for visiting the website of The Gallery at Southpark. Hines Interests Limited Partnership, with headquarters at Texas Tower, 845 Texas Avenue, Suite 3300, Houston, Texas 77002, USA (“Hines”, “we”, “our” or “us”), together with Hines acquisitions LLC, act as joint controllers for the processing of your Personal Information in connection with this website. Hines is committed to the protection of your Personal Information. Our Privacy Policy extends to all Personal Identifiable Information you provide to Hines, or Hines obtains from you, or about you (“PII”). This policy applies to the collection, use, disclosure and/or processing of personal data to which data protection and privacy laws apply. We are committed to maintaining the confidentiality, integrity, and security of your Personal Information. It is our policy to respect your privacy and to safeguard your Personal Information entrusted to us. This document (“Privacy Policy”) describes the standards Hines follows for handling your PII and how We use the Personal Information collected about you in accordance with the provisions of applicable data protection laws “Data Protection Laws”. Terms capitalized in this Privacy Notice are intended to be interpreted in alignment with the relevant Data Protection Laws applicable to your circumstances. The information below explains how we protect your Personal Information, to what extent we transfer it to other countries, how long we keep your Personal Information and what rights you have regarding our processing operations. ## 1. HOW WE PROTECT YOUR PERSONAL INFORMATION At Hines, we take your security seriously. We've put in place strong measures to keep your information safe and secure. This includes special protections for client files, tailored to the sensitivity of the information they contain. We also have controls in our computer systems to restrict access appropriately. Only authorized Hines employees have physical access to areas where personal data is stored or processed. We make sure our team members are trained to follow all laws and regulations, especially when it comes to data protection. Access to sensitive information is limited to employees who really need it for their jobs and who are authorized to see it. If you want more details about how we protect your personal data, just reach out to us as described in Section 8 below. And when you contact us about your file, we may ask for some personal data to make sure that only you or someone you've authorized can access your information. ## 2. WHAT PERSONAL INFORMATION DO WE PROCESS FOR WHAT PURPOSES? When **making inquiries** to the contact details displayed on the website, we may collect **Identifiers** through our service provider to respond to your enquiries. This will entail identifiers such as your name, email address, phone number, and service history with us, along with details of your specific requests. Depending on the nature of your inquiry, further personal data may be processed, as we gather pertinent information to ensure we address your needs effectively. We employ **cookies and similar tools** to enrich your browsing experience, refine site navigation, analyze usage patterns, and bolster our marketing endeavors. If you consent to the activation of these tools on your device, we may collect **Identifiers**, **Internet Network Activity information and Geolocation Data** (namely your IP address). Additional information on this is provided below for your reference. For **security purposes**, we may process **Internet Network Activity information and Geolocation Data** (namely your IP address). To **optimize our website's performance and user experience**, we may process **Internet Network Activity information** to make statistics on site visits, such as visitor numbers, popular pages, browser types, and referring domains. ## 3. SOURCES OF PERSONAL INFORMATION We may collect all types of Personal information listed above from the following sources. - Directly from you, e.g. by contacting us through the form/contact details provided; - Information captured through our website, e.g. by the use of cookies ## 4. SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES We may share the following categories of Personal Information **for a business purpose** as elaborated above: - Identifiers; - Geolocation data; - Internet or other electronic network activity information; We do not use or disclose your sensitive personal information for purposes other than those allowed under the CCPA, including Section 7027, subsection (m). In the preceding 12 months we have not “sold” (as the term “sale” is defined in the CCPA) or “shared” (as the term “share” is defined in the CCPA) Personal Information. You can opt out any future sale or sharing of your Personal Information through the contact information above; In connection with one or more of the purposes outlined in the “How we use your personal data” section above, we could disclose Personal Information to: - Other members of the Hines Group. We will take steps to ensure that access to personal data is restricted to authorized employees who have a lawful basis to access your personal data and only for the purposes described in this Privacy Policy. - Professional advisors and third parties that provide services to us (such as IT systems providers, platform providers, financial advisors, consultants (including lawyers and accountants), providers of marketing services where we are permitted to disclose your personal data to them, and in all cases such transfers will be under a legal basis as set out in Section 2 of this Privacy Policy and subject to appropriate safeguards including data processing agreements where required; - competent authorities (including any national and/or international regulatory or enforcement body or court or other form of tribunal, where we (or any other member of the Hines Group) are required to do so by applicable law or regulation at their request); and - any central or local government department and other statutory or public bodies where we (or any other member of the Hines Group) are required to do so by applicable law or regulation at their request). The Recipients may, under their own responsibility, disclose the Personal Information to their agents and/or delegates (the “**Sub-Recipients**”), which shall process the Personal Information for their sole purposes of assisting the Recipients in providing their services to the Data Controller and/or assisting the Recipients in fulfilling their own legal obligations. ## 5. LEGAL BASES FOR PROCESSING PERSONAL INFORMATION ### Our (or relevant third parties) legitimate interests: The processing of Personal Information is deemed necessary for our or relevant third parties legitimate interests. This includes: - Continuous improvement: We use your data to constantly enhance the user-friendliness of our website and to safeguard against potential disruptions or cyber threats. - Malicious data analysis: We conduct analyses to detect and understand malicious data, safeguarding your IT systems. - Statistical monitoring: We monitor and analyze attacks on devices and systems, adapting our solutions to enhance device and system security. - Feedback and support: Your input on Hines Products and Services guides us in providing timely and informative assistance. - Threat analysis: We conduct in-depth analyses to assess potential threats. - Understanding your needs: Your data enables us to comprehend your requirements and interests better. - Anonymization and reporting: We anonymize personal data to create aggregated reports, providing anonymized insights. - Enforcement and compliance: Your data may be used to enforce our terms and conditions and legal rights, as well as to assess compliance with applicable laws and internal policies. - Compliance with regulations: We may process your data to comply with relevant laws, rules, and regulations, along with internal policies and procedures. - Database administration: Your data is utilized for the administration and maintenance of databases storing personal information. ### Your consent: The processing of Personal Information is carried our based on the explicit consent of the Data Subject for one or more specific purposes, such as addressing your requests. ## 6. HOW LONG WE KEEP YOUR PERSONAL INFORMATION We will hold your Personal Information for as long as is necessary to fulfil the purpose for which it was collected, or to comply with applicable legal, regulatory or internal policy requirements. ## 7. COOKIES AND SIMILAR TECHNOLOGIES Cookies are small pieces of data being placed on the hard drive of your device. With the help of cookies, we can store information for a certain period and identify your device for the purposes mentioned below. These periods may vary depending on the type of cookies. Some cookies will be stored only for the time you are visiting our website (session cookie) and are automatically deleted once you close your browser, others cookies will be stored for a longer period than your session (persistent cookies). On this website, we also use technologies that function similarly to cookies such as local shared objects. These are small data files that enhance your web-browsing experience, for example, by allowing you to personalize the look of a website that you frequently visit. We transparently inform you about our use of cookies and similar technologies in the sections below. In case you would like to further understand more about these technologies, you can as well set your browser settings to inform you about the cookies or similar technologies downloaded to your device. ### Strictly Necessary Cookies Strictly necessary cookies maintain website security, facilitate network management, ensure site functionality, and enhance accessibility. You have the option to disable strictly necessary cookies in your browser settings, although this may impact your website experience. ### Functional or Preference Cookies Preference cookies allow us to store specific user selections or preferences, leading to a more personalized website experience. These cookies are activated only with your consent. ### Analytics Statistical analytics gauge website performance and gather aggregated information on your site usage to optimize your digital experience. This method does not collect individual-level behavioral data. ### Marketing/Tracking/Profiling Cookies Marketing/tracking/profiling cookies, typically placed by advertising networks, deliver relevant content and assess campaign effectiveness. Information regarding website usage and visits may be shared with third-party organizations such as advertisers. These cookies are activated only with your consent. ### Conversational Cookies Conversational cookies link conversations and interactions to a specific visitor on our website, particularly when engaging with our chatbot. Accepting these cookies is necessary for interacting with the chatbot on our websites. Regarding your cookie preferences, please note that when you click "accept necessary cookies" on the cookie banner, only Analytics and Strictly Necessary cookies are placed on your device. These cookies don't gather personal information. For more information on the specific cookies used, their purposes, and their retention periods, please refer to the [cookie banner](#cmp-revoke-consent). Additional details are available by expanding the banner. ## 8. YOUR RIGHTS Where applicable and under the conditions set forth under applicable data protection laws, you may have the following rights concerning the processing of your personal information: to request disclosure of the categories of Personal Information we collect about you along with their sources, for what purposes we process them and the categories of third parties with whom we share it. You also have the right to request the specific pieces of Personal Information we collected about you. At your request and subject to applicable legal exceptions, we will delete and/or correct your Personal Information; and you have the right to data portability. Hines will not discriminate you when exercising any of these rights, nor will there be any retaliation. You also have the right to appeal our refusal to take action within a reasonable period of time after you receive our decision. You can exercise these rights by: - Calling us at 1-833-521-0510 (US) - Emailing us at [hinesprivacysupport@hines.com](mailto:hinesprivacysupport@hines.com) ## 9. THIRD -PARTY LINKED SITES Our website might contain links to other websites, including social media sites, which may have privacy policies that differ from our own. We are not responsible for the collection, use or disclosure of information collected through third-party websites and expressly disclaim any liability related to such collection, use or disclosure. We are not responsible for any information or content contained on such sites. Links to other websites are provided solely as a convenience. Your browsing, use and interaction on any other websites, including websites which have a link to the Platform, are subject to that website’s own rules and policies. Please review the privacy policy posted on any website that you may access through, or which links to the Platform. Please note that if you provide information to us via a social media site or participate in a social media site linked to the Platform, you consent to our use of your information for any reason in accordance with this Privacy Policy as if it were submitted to us directly via the Platform. ## 10. INTERNATIONAL DATA TRANSFERS As a global company, Hines may need to transfer your personal data out of the country or jurisdiction in which it was originally collected. You should be aware that these countries may not have similar data protection laws to the country in which your personal data was originally collected. In such cases, Hines will ensure that there are adequate safeguards in place to protect your personal data with the aim of ensuring that your privacy rights continue to be protected as outlined in this Privacy Policy. For transfer of personal data outside of the original location of collection for any other country or jurisdiction, it will be protected and transferred in a manner consistent with the applicable legal requirements, and Hines will take reasonable steps (for example through a contract with the overseas recipient) to ensure that the overseas recipient does not breach the applicable privacy laws in relation to the data. You can obtain more details of the protection given to your Personal Information by contacting us as described below. If you object to your Personal Information being transferred or used in this manner, please do not register with or use the Site. ## 11. TERMS OF USE Please take the time to read our [Terms of Use](https://www.thegallerysp.com/terms-of-use) for the Site, including the limitations on damages and application of the law of the state of Texas. These Terms of Use govern our interactions as a legal contract, and we welcome and encourage the time you spend becoming familiar with these legal Terms of Use as much as we welcome the time you spend on our Site and your support of Hines. ## 12. PRIVACY POLICY FOR CHILDREN. This Web site is not directed to children. We do not knowingly collect information from children under the age of 13 on the Site. If you are under the age of 13, please do not provide any personal information to us. If we become aware that we have collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. ## 13. CHANGES IN THIS PRIVACY POLICY Hines reserves, in its sole discretion, the right to revise this Privacy Policy at any time by updating this posting. --- ## Terms of Use Source: https://www.thegallerysp.com/terms-of-use/ # Terms of Use Last modified: July 20, 2026 **PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. PLEASE BE ADVISED THAT THE AGREEMENT CONTAINS PROVISIONS, INCLUDING A DISPUTE RESOLUTION AGREEMENT (SEE SECTION TITLED “DISPUTES, FORUM, AND GOVERNING LAW”) THAT GOVERNS HOW CLAIMS YOU MAY HAVE RELATING TO THIS WEBSITE ARE RESOLVED THAT WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS TO FINAL AND BINDING ARBITRATION.** **Hines acquisitions LLC as owner of the Property (“Website Owner”, “we,” “us,” or “our”) are pleased to provide you (also referred to herein as “I”) access to certain Website Owner websites, applications, software, software enabled services, interfaces, tools, and payment platforms (collectively, the “Website”), subject to your agreement to comply with these terms of use (the “Agreement”). The Website may be provided and supported through Hines Living US LLC as property manager (“Property Manager”).** **“Privacy Policy” means the policy governing Website Owner’s collection, use, and disclosure of your data, available at: [https://www.thegallerysp.com/privacy-policy](https://www.thegallerysp.com/privacy-policy).** **“Property” means The Gallery at South Park located at 6555 Carnegie Blvd, Charlotte, NC 28211.** **BY ACCESSING OR USING THE WEBSITE OR WEBSITE CONTENT (DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT ACCESS OR USE THE WEBSITE. ACCORDINGLY, YOUR ACCEPTANCE OF THIS AGREEMENT OR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN WEBSITE OWNER AND YOU GOVERNING YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:** ## 1. This Website is subject to the following legal disclaimers. ### A. General Disclaimers and Disclosures The information and materials contained in the Website regarding properties or real estate developments, including photographs, renderings, plans, facilities, land uses, improvements, amenities, dimensions, specifications, views, scenes, materials and availability, may not be finalized, may be proposals, and may be conceptual and subject to change, modification or cancellation without notice or obligation to you. Scenes, pictures, drawings, illustrations or views shown may be artist renderings and may be locations or activities not on, or related to, actual properties or real estate developments. Actual views may vary, and views described or depicted cannot be relied upon as the actual view from any proposed unit, home, lot, amenity or other improvement or area. Maps are not to scale and are for relative location purposes only. There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted on the Website will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted. Ownership, or lease, of a residence in a community does not guarantee access to, or the right to use, amenities, such as clubs or marinas, which may require the purchase of separate memberships and may be subject to other conditions on use. Certain amenities may not be complete, and completion is neither warranted nor guaranteed. **Pricing and availability are subject to change.** Website Owner and Property Manager are Equal Housing Opportunity companies: [https://www.hines.com/real-estate-services/product-types/living/americas-fair-housing-statement](https://www.hines.com/real-estate-services/product-types/living/americas-fair-housing-statement). We are committed to providing accessible websites and services [https://www.hines.com/accessibility](https://www.hines.com/accessibility). ### B. Fee Transparency Disclaimer Total monthly leasing price includes base rent only; mandatory fees and costs and any resident-selected optional costs are not included. Mandatory fees and costs not included in the total monthly leasing price include (1) one-time fees due at or before move-in or at move-out (e.g., application fees, security deposits, pet deposits, final cleaning fees); and (2) variable or usage-based charges (e.g., utilities, valet trash, amenity access, key replacements, charges and fees for violations of lease terms) which may vary by resident behavior or third-party provider rates; in certain instances variable or usage-based charges may be avoidable by not violating the terms of your lease. Resident-selected optional costs are those optional amenities and services selected by the resident (e.g., parking, storage, pet rent), which are clearly identified as optional. To avoid these optional costs, you must not select, or enroll in, optional amenities or services at the time of executing the lease. We do not apply late fees to non-rent charges or charge utility costs beyond what is permitted by law. All pricing and fees are subject to change and will be governed by the terms of your application and executed lease agreement. Prospective residents may request a full fee schedule prior to applying. Personal information collected by the Website is governed by the Privacy Policy. ### C. No Investment Advice None of the information provided through the Website constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Website are your sole responsibility and at your own risk. Nothing on or in the Website shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Website are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation. ### D. No Offer The content posted on the Website is provided solely for informational purposes. The Website is not intended to be, and does not constitute, an offer for the sale, purchase, or lease of real property. Except for your agreement to abide by this Agreement, nothing in the Website or your use of the Website Content shall be interpreted as giving rise to or forming the basis of a contract, commitment, or obligation. ## 2. I Understand that Website Owner May Change this Agreement. We reserve the right, at our sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time and without any further notice to you. You, however, may not amend this Agreement unless the amendment is in writing and signed by both you and us. It is your responsibility to regularly check for changes to this Agreement and to review such changes at the Website. All changes to this Agreement are effective immediately when we post them and apply to all access to and use of the Website thereafter. Any changes to the dispute resolution provisions, however, will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted. Your continued access or use of the Website after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement. ## 3. I Understand that this Agreement is Effective Until Terminated. This Agreement is effective until terminated. We reserve the right, in our sole discretion, to refuse, delete, suspend, or terminate your access to or use of the Website at any time, with or without notice, including because of your violation of this Agreement. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any of the terms of use of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, will be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Website in any manner. Provisions of this Agreement, however, that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement. You may terminate this Agreement by providing written notice to us of your decision to terminate and by ceasing to use of the Website, including your user account, if any. Your decision to terminate the Agreement will be effective 30 days after we receive your written notice. Property Manager contact information is provided at the end of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Website. In the event that your rights to use the Website are terminated, you may immediately lose access to any information that may be on our systems, including in your user account if you have a Website user account. ## 4. I Understand that Website Owner May Change the Website. We reserve the right, in our sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Website without compensation to you, including, but not limited to (i) restricting the time all or any part of the Website are available, (ii) restricting the amount of permitted use of all or any part of the Website, and (iii) restricting or terminating any user’s right to use all or any part of the Website; (b) charge fees in connection with the use of all or any part of the Website; (c) modify or waive any fees charged in connection with all or any part of the Website; or (d) offer opportunities to some or all users of all or any part of the Website. Any new features or updated content or applications that we make available as a part of the Website will be subject to this Agreement. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Website, in whole or in part, or of any service, content, or feature offered through the Website. ## 5. I Understand that the Website Content Belongs to Website Owner and that I have only a Limited Right to Use the Website Content. All materials provided by, or authorized for use by, Website Owner, whether developed by Website Owner or made for Website Owner, and whether accessible or downloadable from or through the Website and the Website are designed for your personal use. The Website and (i) (a) its design, features, and functionality, (b) any materials, software, code, files, content, information, reports, graphics, button icons, images, videos, audio, contained in, provided by, hosted on, downloadable from, or generated by the Website and the design, selection, and arrangement thereof, (c) any accompanying data, and (d) embedded software, including third party software; (ii) documentation ((i) and (ii) collectively, the “**Website Content**”); and (iii) any related intellectual property rights, including patents, copyrights, and the Website Marks (as defined below), and other similar rights or protectable attributes of the Website or Website Content (collectively, the “**Website Intellectual Property**”), and any improvements to the foregoing, are owned by Website Owner, Property Manager or their respective affiliates or licensors and are protected by applicable laws, including those governing patents, copyrights, and trademarks. Website Content includes any forms, applications or accounts that you may complete, populate, register, or create, and the information associated therewith. This Agreement does not transfer any title or rights to the Website, Website Content, or Website Intellectual Property to you. Except for the limited licenses granted to you by this Agreement, all title and rights to the Website, the Website Content, and the Website Intellectual Property remain with Website Owner. Website Owner reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights. You understand and acknowledge that Website Owner, Property Manager or their respective affiliates or licensors owns the Website, the Website Content, and the Website Intellectual Property. Property, the Property logo, Property Manager, the Property Manager logo, the Website name, the Website logo, and certain other names, brands, logos, slogans, trademarks, and service marks (collectively, “**Website Marks**”) are marks of Website Owner, Property Manager or their respective affiliates or licensors. Marks of third parties may also appear on the Website when referring to those entities or their products or services. Third party marks displayed on the Website are owned by their respective owners. The Website and Website Content also are protected by copyright. Neither the Website nor any Website Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement. Use of the Website or Website Content in any other way or for any purpose other than as permitted in this Agreement is a violation of Website Owner’s copyrights and other proprietary rights. Permission for all other uses of the Website or Website Content must be obtained from Website Owner in advance and in writing. Further, you acknowledge and agree that the existence of a copyright notice on copies of the Website or the Website Content is not an admission or presumption that the publication of the Website or Website Content has occurred or is intended. I understand, acknowledge, and agree that Website Owner owns all right, title, and interest in and to any improvements to the Website, the Website Content, and the Website Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation I made to Website Owner. I UNDERSTAND THAT I HAVE NO RIGHTS TO THE WEBSITE, WEBSITE CONTENT, WEBSITE MARKS, OR ANY OTHER WEBSITE OWNER PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT. WEBSITE OWNER TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS AND TRADEMARKS, VERY SERIOUSLY. WEBSITE OWNER WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE WEBSITE, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS OR TRADEMARKS, OF WEBSITE OWNER OR OTHERS. ## 6. I Understand that Use of the Website is Limited and Subject to Rules of Conduct. ### A. Limited Right to Use Solely to enable your use of the Website to use our services, to communicate with us, or to learn about us, and subject to your compliance with all terms of use outlined in this Agreement, we hereby grant you a non-exclusive, non-sublicensable, non-transferrable, limited license (i) to use the Website (as changed, modified, or upgraded by us from time to time in our sole discretion) in accordance with the terms of use of this Agreement; (ii) to view and display Website Content in connection with your use of the Website; and (iii) to download materials expressly made available for download on the Website and to use those materials for personal purposes in accordance with the terms of use of this Agreement. Except as provided in this Agreement, when you use or access the Website, you are not receiving any other rights from us, including intellectual property or other proprietary rights of the Website Owner. In addition, this Agreement does not entitle you to receive, and does not obligate us to provide, Website Content support, telephone assistance, or enhancements or updates to the Website. ### B. Rules of Conduct In consideration of the license granted herein, and as a condition for providing access to the Website and its features, and in addition to any requirements set out by the third parties that provide such features, you understand, acknowledge, and agree to the following: 1. I will use the Website and Website Content only for legitimate purposes, including in compliance with applicable federal, state, local, 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 and any laws regarding privacy, online conduct, or acceptable online content; 2. I take responsibility for all activities that occur under my account; 3. If I provide information on a website form, I will provide accurate, truthful, current, and complete information; 4. I will not encourage or facilitate any violations of this Agreement; 5. I will not upload the Website or Website Content, illustrations, photos, video or audio sequences, or any graphics, to the internet or otherwise make the Website or Website Content available on the internet for other persons or entities to copy, download, or use; 6. I will not use any Website Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the Website; 7. I will not resell, transfer, modify, copy, duplicate, create, or re-create the Website, programs, offerings, services, or other aspects of the Website, or the Website Content; 8. I will not frame or deep-link to the Website; 9. I will not use meta tags or other hidden text utilizing Website Marks on or in connection with another domain name or site; 10. I will not amend, alter, change, or modify the Website or the Website Content; 11. I will not remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the Website or the Website Content; 12. I will not disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Website; 13. I will not hack the Website, spoof the Website, or modify any other software or website to imply falsely that the other software or website is associated with Website Owner or the Website; and 14. I will not access the Website through an automated means (i.e., through bots, robots, spiders, scrapers, etc.). In addition, as a condition for accessing or using certain features, including social media features, in and through the Website, you may have the option to provide information or create or register an account. If you create an account, you agree to (a) provide accurate, truthful, current, and complete account information, (b) not sell, gift, or trade my account to any other person (and that any transfer will be null and void), and (c) not create another account without Website Owner’s express permission, including if my account is disabled, suspended, or terminated for any reason. **I understand that Website Owner can take appropriate legal action against me, including without limitation, referral to law enforcement, for breaking these rules, including for any harassing, illegal or unauthorized use of the Website or Website Content.** ### C. Security of Information and Unauthorized Access I accept all risks of engaging with the Website, including the transmission of information through any form or to any account. I will maintain the security and confidentiality of any credentials I create for logging into features on the Website. I will immediately notify Website Owner in writing of any unauthorized use of my account of which I become aware, including any unauthorized payments using any stored payment information. I will contact my financial institution immediately if any unauthorized payments are made using the Website. Although Website Owner will not be liable for my losses caused by any unauthorized use of my information or account, I may be liable for the losses of Website Owner or others due to the unauthorized access and use of my account. I will not solicit account information from other users or access another user’s account. NOTICE: We have no obligation to respond to submissions to the Website. In addition, we are not responsible for any information submitted by you, including, for the truth, completeness, objectivity, or usefulness of such information. WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, USER ACCOUNT INFORMATION, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE WEBSITE. YOU WAIVE AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS DEFINED BELOW) AND THEIR RESPECTIVE SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF THE INDEMNIFIED PARTIES OR LAW ENFORCEMENT AUTHORITIES. ## 7. I Understand that Use of the Website is Governed by the Privacy Policy. Your use of the Website constitutes your consent to allow us to collect and use certain information including personal information and non-personal information. Any personal information that we may collect is subject to our Privacy Policy, which is incorporated into and made a part of this Agreement. We encourage you to read and understand our Privacy Policy. By accessing the Website you agree to the Privacy Policy. ## 8. I Understand that the Website May Contain Third Party Features and Links. ### A. Third Party Terms of Use Generally The Website may contain or interface with features or links to sites, applications, software components, or content hosted or provided by third parties (collectively, the “Third Party Content”). The Website may appear to embed the Third Party Content into the interface of the Website or redirect to a third party operated site bearing Website Marks. Your use of Third Party Content is subject to the terms of use, including any terms of use and privacy policies, governing the use of such Third Party Content. We are not able to control such Third Party Content and assume no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between this Agreement and any terms or notices set forth with respect to any Third Party Content, then the terms of such Third Party Content will control your use of such Third Party Content. Please review the terms of use for all Third Party Content so that you understand all of the terms that will apply. By using the Website, you expressly release, indemnify, and hold harmless Website Owner from any and all liability arising from your use of any Third Party Content. Your violation of the terms for any Third Party Content shall be considered a violation of this Agreement. ### B. Third Party Sites We assume no responsibility for any third party websites that link to our Website. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party. The Website may contain links to third party websites that are separate and apart from the Website, including websites provided by our affiliates. Your use of those sites is governed by any terms of use contained on such third party website. It is your responsibility to read and understand such terms of use for any third-party website you access, including those terms governing the privacy of your personal information. ## 9. I Also Agree to the Following Terms of Use: ### A. INDEMNIFICATION YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR CONDUCT WHILE USING THE WEBSITE AND FOR THE INFORMATION OR CONTENT PROVIDED TO OR THROUGH THE WEBSITE, INCLUDING TO CREATE ANY WEBSITE ACCOUNT AND USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (A) WEBSITE OWNER AND ALL OF ITS CURRENT AND FORMER PARENTS, SUBSIDIARIES, AND AFFILIATE ENTITIES, (B) PROPERTY MANAGER AND ALL OF ITS CURRENT AND FORMER PARENTS, SUBSIDIARIES, AND AFFILIATE ENTITIES, INCLUDING WITHOUT LIMITATION HINES INTERESTS LIMITED PARTNERSHIP, (C) ALL OWNERS OR MANAGERS (TO THE EXTENT NOT COVERED BY (A) OR (B)) OF PROPERTY, IF ANY, AND (D) AS TO (A), (B), AND (C), EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS, AND OWNERS (COLLECTIVELY, THE “**INDEMNIFIED PARTIES**”) FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, SUIT, OR DEMAND, IN RELATION TO YOUR USE OF THE WEBSITE, ANY CONTENT OR INFORMATION YOU PROVIDE OR LINK TO, YOUR ACCESS TO THE WEBSITE, THE INFORMATION OR CONTENT CONTAINED IN OR ASSOCIATED WITH YOUR WEBSITE USER ACCOUNT, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. WEBSITE OWNER, OR ITS DESIGNEE, SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO WEBSITE OWNER AND PROPERTY MANAGER. ### B. LIABILITY AND WARRANTY DISCLAIMER YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE WEBSITE AND THE WEBSITE CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE WEBSITE AND WEBSITE CONTENT AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE WEBSITE ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF ANY OF THE INDEMNIFIED PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE WEBSITE CONTENT, AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE (“**SERVICES**”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT ACCESS TO THE WEBSITE WILL NOT BE UNINTERRUPTED OR ERROR FREE, THAT THE WEBSITE CONTENT WILL NOT BE ERROR FREE, AND THAT NOT ALL ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE INDEMNIFIED PARTIES MAKE ANY, AND EACH OF THE INDEMNIFIED PARTIES HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT, AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NONE OF THE INDEMNIFIED PARTIES WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE OR WEBSITE CONTENT, THAT THE WEBSITE, WEBSITE CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT THE WEBSITE CONTENT WILL BE ERROR FREE, OR THAT DEFECTS IN THE WEBSITE, WEBSITE CONTENT, OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF THE INDEMNIFIED PARTIES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE WEBSITE OR WEBSITE CONTENT, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE WEBSITE OR IN ANY OTHER PRODUCT OR SERVICE OFFERED BY ANY OF THE INDEMNIFIED PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE INDEMNIFIED PARTIES OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF ANY OF THE INDEMNIFIED PARTIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND WEBSITE OWNER HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND WEBSITE OWNER WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY FRAUDULENT MISREPRESENTATION, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THIS LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL ANY OF THE INDEMNIFIED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (I) THE AMOUNT OF SERVICE FEES PAID TO ANY OF THE INDEMNIFIED PARTIES (OR A THIRD PARTY PROVIDER) FOR USE OF THE FEATURES, TOOLS, OR WEBSITE APPLICATIONS ON THE WEBSITE (IF ANY) OR (II) TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE SERVICE FEES REFERENCE IN THIS PARAGRAPH DO NOT INCLUDE ANY AMOUNTS PAID TO ANY INDEMNIFIED PARTY FOR LEASE APPLICATION FEES, PAYMENT PROCESSING FEES, OR ANY AMOUNTS OWED UNDER A LEASE WITH ANY OF THE INDEMNIFIED PARTIES, INCLUDING RENT PAYMENTS, SECURITY DEPOSITS, UTILITY PAYMENTS, OR RESIDENTIAL SERVICE FEES. THE FOREGOING STATES THE ENTIRE OBLIGATION OF THE INDEMNIFIED PARTIES AND YOUR EXCLUSIVE REMEDY AGAINST THE INDEMNIFIED PARTIES ARISING OUT OF YOUR USE OF THE WEBSITE AND THE WEBSITE CONTENT. ### C. Use by Children under the Age of 18 The Website is not intended for children under the age of 18, and we do not knowingly collect any personal information from such children, as can be understood by reviewing our Privacy Policy. Use of the Website is prohibited for children under the age of 18, and children under the age of 18 should not use the Website at any time. ### D. Digital Millennium Copyright Act Policy We do not knowingly permit the posting, storage, or transmission of copyrighted materials using the Website or online services. We will respond to all claims of violations of copyright pursuant to the Digital Millennium Copyright Act. To report a violation, please contact us at the contact address provided below. ### E. Mobile Device Data Services The Website requires use of the internet to operate correctly, thus the quality and availability of the Website may be affected by factors beyond our control. We do not accept responsibility for unavailability of the Website. The terms of your agreement with your respective mobile network provider or internet service provider apply when using the Website. You may be charged by your mobile provider or internet service provider for access to network connection services for the duration of the connection while accessing the Website. All such charges are your responsibility. Further, you agree that your use of the Website is not contrary to any terms of use of coverage extended to you by your respective mobile network provider or internet service provider. ### F. Miscellaneous This Agreement is the complete and entire agreement between you and Website Owner pertaining to the subject matter of this Agreement. It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions (written or oral) between you and Website Owner relating to this Agreement, the Website, and your use of the Website and the Website Content. The failure of Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice Website Owner’s right to take subsequent action. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no such modification is possible. The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions. ### G. Disputes, Forum, and Governing Law All matters relating to the Website, Website Content, and Website Intellectual Property and any disputes, controversies, claims (whether based on contract, tort, statute, or other legal or equitable theory) between you and Website Owner, Property Manager, or any other of the Indemnified Parties arising out of or relating to (1) this Agreement (including the breach, termination, or validity thereof), the Website, the Website Content, or Website Intellectual Property or (2) whether any particular dispute, controversy, or claim is a Dispute (as defined below) under this Agreement (each a “**Dispute**”) will be resolved to the fullest extent permitted under applicable law solely and exclusively pursuant to the provisions of this Section (the “**Dispute Resolution Agreement**”). Any and all matters solely related to Third Party Content shall be governed by the dispute resolution terms governing the use of such Third Party Content. You consent to the consolidation of any proceedings involving matters relating to the Website, Website Content, and Website Intellectual Property and any Third Party Content, and the proceedings may be consolidated if (a) each of the applicable Indemnified Parties consents to consolidation in writing and (b) any applicable third party (if any) consents to consolidation in writing. Each party represents and warrants that unless prohibited by applicable law it will only resolve Disputes pursuant to this Dispute Resolution Agreement. 1. **WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW). YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.** 2. Confidentiality. The existence of any Dispute and any documents, evidence, or other materials disclosed by you or any of the Indemnified Parties to the other party or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “**Dispute Confidential Information**”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section except to a party’s legal or financial advisors (subject to an obligation of confidentiality) or as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement. 3. Governing Law. This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result. If it is determined that the FAA does not apply, then the laws of the State of Texas shall apply without regard to choice of law principles. In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of Texas. 4. Court Proceedings; Forum Selection. To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 9(G)(5) of this Agreement. You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 9(G) of this Agreement (if any) solely and exclusively in the state or federal courts located in Harris County, Texas. Website Owner, Property Manager, and any other Indemnified Parties may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts. In addition, in no event will the terms of this Section limit Website Owner’s or Property Manager’s right to investigate complaints or reported violations of this Agreement or to take any action they deem necessary and appropriate to mitigate actions against them, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties. 5. Dispute Resolution Procedures. 1. Notice of Dispute. You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “**Dispute Notice**”) to Website Owner, Property Manager, and each applicable Indemnified Party explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought. Website Owner, Property Manager, and any other Indemnified Party may, if they choose in their sole discretion to resolve a Dispute using these procedures, commence the resolution of a Dispute by providing a Dispute Notice to you. Website Owner, Property Manager, and each applicable Indemnified Party may also bring a dispute against you in court. 2. Informal Resolution. If you provide a Dispute Notice, you will allow 30 days from the date of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration. If the Dispute is not resolved in this 30-day period, you may then, and only then, submit the Dispute to binding arbitration. Website Owner, Property Manager, and any other Indemnified Party may, but are not required to, provide you with 30 days to resolve a Dispute that each has against you. Website Owner, Property Manager, and any other Indemnified Party may commence arbitration of a Dispute at any time. 3. Arbitration. Any arbitration shall be in accordance with the 2018 International Institute for Conflict Prevention and Resolution (“**CPR**”) Rules for Non-Administered Arbitration (the “**CPR Rules**”). Either party (“**Claimant**”) may commence an arbitration by sending a notice of arbitration to the other party (“**Respondent**”) in accordance with the CPR Rules. Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “**Arbitrator**”) qualified by education, training, and experience to resolve the Dispute. The seat of any arbitration shall be Houston, Texas. The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator. The Arbitrator shall render his or her decision (the “**Award**”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the award rests unless the Parties agree otherwise. The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement. The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons unless we give our written consent. Discovery shall be limited to the exchange of documents among the Parties to the arbitration. Depositions are not allowed. No discovery requests may be made to any person that is not a party to the arbitration. The responsibility for paying the costs of the arbitration (as defined in Rule 17.2 of the CPR Rules) shall be apportioned among the parties in a manner determined by the Arbitrator to be reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceeding, and the result of the arbitration. 4. Arbitration Award. Any Award of an Arbitrator shall be final and binding on the parties, and the parties will undertake to carry out the award without delay. An Award may not be appealed except to the limited extent permitted by the FAA. Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction. All parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court. Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement. 6. Injunctive Relief. You understand and agree that a breach or threatened breach of this Agreement will cause Website Owner, Property Manager, and other applicable Indemnified Parties irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, Website Owner, Property Manager, and each applicable Indemnified Party will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce Website Owner’s, Property Manager’s, and each applicable Indemnified Party’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law). In addition, if Website Owner or Property Manager believe that you have acted or failed to act in any manner that may cause harm to us or any other third party, Website Owner or Property Manager may seek injunctive or other appropriate relief in any court of competent jurisdiction. For Disputes you bring against Website Owner, Property Manager, or any other applicable Indemnified Party, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief. 7. Limitations of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the Website, Website Content, or Website Intellectual Property, must be submitted in a proper Dispute Notice pursuant to this Section of the Agreement within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred. ### H. How to Contact Us: To ask questions, to raise a concern about the Website, the Website Content, or the Website Intellectual Property, or to give a notice required under this Agreement, you may contact us at [corporate.counsel@hines.com](mailto:corporate.counsel@hines.com). ## 10. I Understand that the Website Allows Optional Use of Text Notifications Property Manager may provide you the opportunity to opt in to receive text messages on your mobile device (“Property Manager Messages”). Additionally, a third party website or service linked to the Website may offer the opportunity to engage through text messages (“Third Party Messages”). We are not responsible for Third Party Messages. It is your responsibility to read and understand such terms of use for any Third Party Messages, including those terms governing the privacy of your personal information. The following applies to Property Manager Messages. A. Description and Opt-In Terms By opting in to receive text messages, you (i) consent to receive autodialed marketing calls or text messages from or on behalf of us or any of our affiliates at the number you provide and (ii) acknowledge and agree that your information may be processed in accordance with, and you are be bound by, this Agreement and the Privacy Policy. Your consent to receive marketing calls and text messages is optional and is not a condition of using the Website or receiving any products or services from us or any of our affiliates. To receive text messages, you must be a resident of the United States and 18 years of age or older.  We reserve the right to require you to prove that you are at least 18 years of age. To the extent allowed by applicable law, we may also send you text messages for emergency purposes without first receiving your consent. B. Messaging Functionality and Support Messaging functionality may vary depending on the platform or third-party service used to send or receive messages. Certain features, such as keyword-based responses (e.g., “HELP”), may not be available in all messaging programs. If such features are unavailable, you may reply directly to a message or use the Property Manager contact information provided to you to obtain assistance. C. Opt-Out You can opt-out of receiving text messages by following the instructions provided to you at the time of opting in to receive text messages. After you opt-out, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did initially and we will begin sending text messages to you again. D. Message Rate and Frequency Message frequency may vary. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. E. Wireless Carriers Carriers are not liable for delayed or undelivered messages. This text messaging program may not be available on all wireless carriers. We may add or remove any wireless carrier from this program at our discretion and without notice to you. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them. F. Your Telephone Number You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying us immediately if you change your mobile telephone number. You agree to indemnify Website Owner and its affiliates for all claims, expenses, attorneys’ fees and damages they incur related to or caused in whole or in part by your failure to notify Website Owner of a change in your telephone number, including, but not limited to, all claims, expenses, attorneys’ fees and damages related to or arising under the Telephone Consumer Protection Act. G. Termination We may suspend or terminate your receipt of text messages if we believe you are in breach of this Agreement. Your receipt of text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We, at our discretion, may modify or discontinue, temporarily or permanently, all or any part of text message communication with you, with or without notice to you.