Kilroy Website Terms and Conditions

Download Terms and Conditions
Last Updated: DECEMBER 10, 2025

1. Introduction

The following terms and conditions (“Terms and Conditions” or “Terms”) govern your access to and use of (i) the Kilroy website located at https://kilroyrealty.com or any other Kilroy website that includes a link to these Terms (individually and collectively, the “Website”); (ii) the Kilroy application including as accessed via a third-party mobile platform (the “Application”), and (iii) electronic communications between you and us, including through the Website and the Application (collectively, with our Website and the Application, our “Platform”).  In these Terms, “we”, “our”, “us”, and “Kilroy” collectively refer to Kilroy Realty Corporation and its affiliates.  The terms “you” and “yours” refer to the person using the Platform.

These Terms and Conditions, collectively with any terms expressly incorporated by reference, including the Kilroy Platform Privacy Policy, available at https://kilroyrealty.com/privacy-policy/ (“Privacy Policy”), govern your access to and use of the Platform. By clicking “I Accept” (or similar acceptance language) if prompted, you agree to these Terms and Conditions.

If you do not agree to the Terms and Conditions, you must not access or use the Platform. Please refer to our Privacy Policy to learn about our privacy practices with respect to your personal information.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.

2. Eligibility and Availability

In order to access the Platform, the following must be true:

  • You are at least 18 years of age.
  • You live in the United States and in a state or territory where the Platform is made available.
  • You agree to be legally bound by and comply with these Terms and Conditions.

If you do not meet all of these requirements, you must not access or use the Platform.  You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Platform.  In addition to the above requirements, Kilroy reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

Kilroy is based in the United States.  We provide the Platform for use only to persons located in the United States.  We make no claims or representations that the Platform or any of its content is accessible or appropriate outside of the United States.  Access to the Platform may not be legal by certain persons or in certain countries.  If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

3. Relationship to Other Terms and Policies

Our Privacy Policy describes in detail our information practices and how we gather, use, share, and protect your information when you use, access, or visit the Platform. By accessing or using the Platform, you agree to our information collection and use practices as disclosed in our Privacy Policy. You may review the Privacy Policy by clicking on the above link.

If there are additional terms associated with a specific online service or portion of the Platform, you will be presented with those additional terms at the time you access the online service or portion of the Platform (the “Additional Terms”). Those Additional Terms supplement these Terms and Conditions and are incorporated herein. To the extent there is any conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control with respect to the specific online service or portion of the Platform provided subject to those Additional Terms.

4. Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion without notice to you, and such modifications will be posted here and become effective upon posting online. You agree to review these Terms and Conditions regularly because you will be bound by any changes made, and your continued use of the Platform constitutes agreement to any modified terms.

5. Accessing the Platform

We reserve the right to withdraw or amend the Platform, and any material we provide on the Platform, in our sole discretion without notice.  We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Platform or the entirety of the Platform.

6. Intellectual Property Rights

The Platform and the entirety of its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), are owned, controlled or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and we reserve all rights not expressly granted herein.  Any use of the Platform not expressly permitted by these Platform is a breach of these Platform and may violate copyright, trademark and other laws.

The Kilroy names and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of Kilroy.  No trademark or service mark license is granted in connection with the materials contained within the Platform.  Access to the Platform does not authorize anyone to use any name, logo, or mark in any manner.

7. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.  You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Platform.

You agree not to use the Platform:

  • In any way that violates any 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).
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform , or which, as determined by us, may harm us or other users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Website or the Services or interfere with any other user’s use of the Platform , including his or her ability to engage in real time activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Website or the Services.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Platform, the server on which the Platform is stored or hosted, or any server, computer or database connected to the Platform .
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.

8. Promotional Information

The Platform may display or provide information regarding specific events, programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions, and restrictions of each Promotional Offer. Kilroy or its promotional partners reserve the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

9. Access to Third Party Content, Services, or Sites

The Platform may include content or services provided by third parties, including links to other sites and resources provided by third parties.  Such links are provided for your convenience only, including any links contained in advertisements.  All statements and/or opinions expressed in these materials, and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials.  The availability of any third-party site, service, or resource through the Platform does not imply our endorsement of or our affiliation with any provider of such third-party site, service, or resource.  We make no representations about any third-party site, service, or resource, and we are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.  If you decide to access any third-party site, service, or resource linked to from the Platform, you do so at your own risk and subject to the terms and conditions, including the privacy practices for such site, service, or resource.

10. Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information on the Platform, we make no guarantees as to its correctness, completeness, or accuracy.  The Platform may contain typographical errors, inaccuracies, or other errors or omissions.  If you believe that information found on the Platform is inaccurate or unauthorized, please inform us by contacting us at the contact details provided in Section 23 "Contact Information."

11. Security

We implement reasonable and appropriate security measures to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information, and to use the Platform and your devices or applications in a secure and responsible manner. You, not Kilroy, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.

12. Electronic Communications

You agree to receive invitations, notifications, reminders, and other communications from Kilroy (and any of its affiliates or agents) by email, phone, SMS,  or other method of communication.  These communications may include (but are not limited to):

  • Promotional Offers; and
  • Platform and other service updates.

By providing your email address, phone number, or other method of communication, you are agreeing to be contacted by or on behalf of Kilroy to receive marketing-related information and other operational services.  These communications may not be secure.  Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party.  You can opt out of receiving one of our emails by following the instructions for unsubscribing contained in the emails.  Please allow us ten (10) business days from when the request was received to complete the removal.  Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial (transactional) emails related to your account and your transactions with the Platform.

From time to time, we may offer you other opportunities to receive communications from us via calls, SMS text messages or similar technology (including via automatic telephone dialing equipment). These communications may be sent or initiated by Kilroy or its representatives (when communicating on our behalf and under our direction). Such communications may include communications to confirm, process and notify you about the services you select or use, or be initiated for other customer service, account-related, or marketing purposes, subject to our receipt of any consents from you required by applicable law.

In the event you opt in to receive SMS/text message communications from or on behalf of Kilroy (“Kilroy Text Message Program”), you expressly consent to these Terms of Use, including this Section 12, and acknowledge and agree to the following:
  1. Kilroy may send recurring and nonrecurring text messages related to building system management outages and alerts, marketing and promotions, and customer service and support to the mobile phone number(s) you provide, depending on your enrollment choices and/or consent, as required by applicable law. Message frequency will vary. Kilroy reserves the right to alter the frequency of messages sent at any time. Your continued enrollment in any Kilroy Text Message Program following the effective date of any such changes shall constitute your acceptance of such changes.
  2. Recurring text messages sent to your mobile phone/device may be generated using automated telephone dialing equipment. Your consent to receive text messages is not required to make a purchase or a condition of purchase.
  3. Standard message and data rates may apply. All charges are billed by and payable to your mobile carrier. Kilroy does not charge you for sending or receiving text messages to or from us.
  4. For help, reply “HELP” in response to any text message you receive from us.  To opt out, reply “STOP” in response to any text message you receive from us. Please note that you may be subscribed to multiple Kilroy Text Message Programs across different short codes, and therefore you must separately submit an opt-out request to each short code from which you wish to unsubscribe. You may receive a confirmation text that your request has been processed. If you have any questions, or need assistance with opting out, contact us by phone at 833-319-2998 or email us at dataprivacy@kilroyrealty.com.
  5. Any Kilroy Text Message Program is offered on an “as-is” basis and may not be available in all areas at all times. Kilroy will not be liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your network operator. If you have questions about your text plan or data plan, please contact your wireless provider.
  6. If you change mobile numbers or deactivate your phone, you are obligated to contact Kilroy to report your change in status so that we may discontinue sending text messages to your mobile number.
  7. Data obtained from you in connection with the any Kilroy Text Message Program may include your mobile phone number, your carrier's name, the date, time, and content of your messages, and other information you provide to us. We may use this information to contact you and to provide the services you request from us. This information will not be disclosed with any third parties for their marketing/promotional purposes.
  8. The text message service is available on these U.S. carriers only: Verizon Wireless, T-Mobile USA, and AT&T. Kilroy reserves the right to add or remove eligible mobile phone carriers from this list from time to time.
  9. For additional information on Kilroy’s privacy practices, including related to text message communications, please review our Privacy Policy.

13. Disclaimer of Warranties

You understand and agree that we do not provide any warranty with respect to the Platform. Instead, you agree that your use of the Platform is at your own risk and that the Platform is provided on an “as is” and “as available” basis, with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform.

TO THE FULLEST EXTENT PERMITTED BY LAW, KILROY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, RELATED TO THE PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, KILROY DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE PLATFORM WILL BE CORRECTED.

KILROY IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR PLATFORM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KILROY OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

You understand that Kilroy cannot guarantee that use of our Platform will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data.

14. Indemnification

You agree to indemnify and hold harmless Kilroy, its affiliates, its licensors, and its service providers from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Platform, including but not limited to claims arising out of (i) your violation of these Terms and Conditions; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by you.  You agree to promptly notify Kilroy and cooperate fully with Kilroy in the defense of any claim.  Kilroy reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

15. Waiver, Release, and Limitation on Liability

YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, KILROY, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE PLATFORM SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE PLATFORM THAT RESULT FROM ANY ACT OR OMISSION OF KILROY, ANY KILROY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE PLATFORM SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.

THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF KILROY, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE PLATFORM IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE PLATFORM WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.

16. Term and Termination

Kilroy can decide to suspend, restrict, or terminate your use of the Platform or any portion of the Platform with or without a warning at any time for any or no reason in Kilroy’s sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE PLATFORM. Kilroy can also assign its rights under the Terms and Conditions to any other party at any time without notice to you. The provisions of Sections 1 (Introduction), 13 (Disclaimer of Warranties), 14 (Indemnification), 15 (Waiver, Release, and Limitation on Liability), 17 (Dispute Resolution by Binding Arbitration), and 18 (Governing Law and Jurisdiction) will survive any suspension, restriction, limitation, or termination of access to the Platform.

17. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND KILROY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND KILROY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND KILROY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. KILROY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 17(J), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.  NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.

  1. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 17 (the “Agreement”) apply to all Claims between you and Kilroy. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Kilroy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms and Conditions or the Platform, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.
  2. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Kilroy or if Kilroy has a Claim against you, you and Kilroy will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Kilroy will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement. You will send any Claimant Notice by certified mail addressed to: Kilroy Realty Corporation, Attn:  Legal Department 12200 West Olympic Blvd., Suite 200, Los Angeles, CA 90064 or by email to dataprivacy@kilroyrealty.com. Kilroy will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Kilroy. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; (iii) set forth the specific relief sought; and (iv) include your handwritten signature or the handwritten signature of a Kilroy employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other customer or user of the Platform.During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: Your name, telephone number, mailing address, email address associated with your account (if you have one), the name, telephone number, mailing address, and email address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to Kilroy by certified mail return receipt requested to Kilroy Realty Corporation, Attn: Legal Department, 12200 West Olympic Blvd., Suite 200, Los Angeles, CA 90064 or by email to dataprivacy@kilroyrealty.com. A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other customer or user of the Platform. A customer or user of the Platform may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Kilroy cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Kilroy file a Claim in court or proceed to arbitration without complying with the requirements in this Section 17, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section 17 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
  3. Claims Subject to Binding Arbitration. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Kilroy, including any disputes in which you or Kilroy seek injunctive or other equitable relief for the alleged unlawful use of your or Kilroy’s intellectual property or other infringement of your or Kilroy’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(B) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
  4. Binding Individual Arbitration. The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to each party’s respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within thirty (30) days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in Section 17(B) (above) are fully satisfied. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this agreement, and will be administered by the AAA.  If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act (“FAA”). In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org⁠, or by calling the AAA at 800-778-7879.  The AAA Rules may change from time to time, and you should review them periodically. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.  This Agreement affects interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Kilroy to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.
  5. Arbitration Procedure and Location. You or Kilroy may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the AAA Rules. Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Kilroy Realty Corporation, Attn: Legal Department, 12200 West Olympic Blvd., Suite 200, Los Angeles, CA 90064 or by email to dataprivacy@kilroyrealty.com. Kilroy will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Kilroy. The arbitration will be conducted by a single arbitrator in the English language. You and Kilroy both agree that the arbitrator will be bound by this Agreement. Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address. At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel. Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in paragraph B of this Section 17 have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration. If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, Kilroy will reimburse any AAA filing, administration, and arbitrator fees that were paid by you. If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorneys’ fees and costs.
  6. Arbitration Fees. After Kilroy receives notice that you have commenced arbitration, Kilroy will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, Kilroy will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, Kilroy will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement.
  7. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.
  8. Confidentiality. If you or Kilroy submits a Claim to arbitration, you and Kilroy agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Kilroy agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  9. Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
    1. “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
    2. In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
    3. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
    4. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
    5. We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
    6. If any part of this Section 17(I) related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 17(I) and this Agreement shall be enforced to the maximum extent permitted  by law.
    7. If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 17(I) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration  organization that will agree to follow the procedures set forth in this Section 17(I). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.
  10. Opting Out of Arbitration. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by emailing dataprivacy@kilroyrealty.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By not opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.
  11. Rejection of Future Arbitration Changes. You may reject any change we make to Section 17 (except address changes) by sending us notice of your rejection within thirty (30) days of the change via email at dataprivacy@kilroyrealty.com. Changes to Section 17 may only be rejected as a whole, and you may not reject only certain changes to Section 17. If you reject changes made to Section 17, the most recent version of Section 17 that you have not rejected will continue to apply.
  12. Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
  13. Delegation. All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, (iii) whether you or Kilroy, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the arbitration provision or Agreement is unenforceable, void, or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the Claimant Notice, Notice of Conference, and/or Informal Dispute Resolution Conference, and (vii) any dispute related to Mass Arbitration (defined above). Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.

18. Governing Law and Jurisdiction

You and Kilroy agree that your access to the Platform and these Terms and Conditions, and any dispute between you and Kilroy relating to your use of the Platform and these Terms and Conditions, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules, except for the Dispute Resolution by Binding Arbitration provision above. Kilroy makes no representation that the information and materials on the Platform is appropriate or available for use in locations outside the United States.

19. Limitation of Time to File Claims

Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law.  The one-year period begins when the claim or notice of dispute first could be filed.  If a claim or dispute is not filed within one (1) year, it is permanently barred.

20. Notices

You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by email to the address you provide to us.

21. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us with respect to the Platform and supersede all prior or contemporaneous understandings, representations, communications, and agreements, whether written or oral, with respect thereto.

22. Severability and No Waiver No waiver by Kilroy of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, and any failure by Kilroy to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of these Terms and Conditions is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Terms and Conditions, and except as set forth in Section 17 (Dispute Resolution by Binding Arbitration), all other parts of these Terms and Conditions are still valid and enforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision. 23. Contact Information

Should you have any questions or concerns about these Terms and Conditions or any of its provisions, contact us by phone at 833-319-2998 or email us at dataprivacy@kilroyrealty.com.