Terms of Use

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Please read these terms of use carefully before using this web site.

INDEX

GENERAL
LIMITATION AND PROHIBITED USES
PROPRIETARY RIGHTS
NO UNLAWFUL OR PROHIBITED USE
MONITORING OF SITE
PRIVACY AND SECURITY
JURISDICTIONAL ISSUES
LINKS TO THIRD PARTY SITES
DISCLAIMERS
INDEMNIFICATION
LIMITATION OF LIABILITY
DISPUTE RESOLUTION AND ARBITRATION
CHANGES TO SITE
MISCELLANEOUS

GENERAL

This web site (‘Site”) is owned and operated by or on behalf of Kimco Realty Corporation or its affiliates ("Kimco") By using this Site, you signify your agreement to these terms of use ("Agreement”) If you do not agree to these Terms of Use, please do not use this web site. Please read this Agreement carefully before accessing or utilizing this Site. The information and services offered on or through the Site are provided with the understanding that neither Kimco nor its affiliates or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and conditions that may appear throughout the Site. Kimco, its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site or which you may access through the Site. While Kimco strives to keep the information on this Site accurate, complete and up-to-date, Kimco, its affiliates and agents cannot guarantee such information, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

LIMITATION AND PROHIBITED USES

You may access, download and print materials on this Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, public, license, create "Derivative Products" from, frame in another Web page, use on any other Web site, transfer or sell any information, software, databases or other lists, products or services obtained from this Site. "Derivative Products" shall mean products that result from or are the compilation and analysis of Data records from Kimco's Database and that generally do not include sufficient detail on individual records to identify specific properties or transactions. Examples would include market trending reports, rental rate studies and capitalization rate studies. The foregoing prohibition expressly includes, but is not limited to, the practices of framing, or database scraping to obtain lists of users or other information. If and when requested or permitted by Kimco you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Kimco you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Kimco and its affiliates. (© 2013 Kimco Realty Corporation. All rights reserved). No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the express written permission of Kimco.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to Kimco that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

MONITORING OF SITE

Kimco expressly reserves the right to monitor any and all uses of this web site. However, Kimco is under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so.

PRIVACY AND SECURITY

Kimco takes the issue of your privacy and the security of your information seriously. We use physical, electronic and procedural safeguards to protect your personal information. While Kimco strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use this web site to collect personal information about other persons or in any other manner that is inconsistent with another person's privacy or personal data protection rights.

JURISDICTIONAL ISSUES

This Site is controlled and operated in the United States by or on behalf of Kimco and its affiliates. By using this Site, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country. We make no representation that materials or products offered on this Site are appropriate or available for use in any particular location. Those who choose to access this web site do so on their own initiative and are responsible for compliance with all applicable national and local laws.

  

This Site may contain hyperlinks to web sites operated by parties other than Kimco or its affiliates. Therefore, clicking on a category in the Site may bring you to a site operated by a party independent of Kimco or its affiliates. Such hyperlinks are provided for your reference only. Kimco does not control such web sites, and is not responsible for their contents or availability. Inclusion of hyperlinks by Kimco or its affiliates to such web sites does not imply an endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the Kimco privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

DISCLAIMERS

You use this Site at your own risk. If your use of this Site or the materials therein results in the need of servicing or replacing property, material, equipment or data, neither Kimco nor its affiliates are responsible for those costs. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIMCO ITS AFFILIATES AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kimco, its affiliates officers, directors, owners, agents information providers, licensors and licensees (collectively, the "Indemnified Parties") from any liability, loss, claim and expense (including attorneys' reasonable fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KIMCO OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR MATERIALS OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF KIMCO AND OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO KIMCO, IF ANY, FOR ACCESSING THIS WEB SITE. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.

DISPUTE RESOLUTION AND ARBITRATION

Notwithstanding anything to the contrary in this Agreement, the parties irrevocably agree that all claims and disputes relating in any way to this Agreement shall be referred to final and binding arbitration in the State of New York. Any arbitration shall be final and binding and the arbitrator's order will be enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the parties as may be specified in the determination of the arbitrator.

CHANGES TO SITE

Kimco its affiliates and/or agents may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Kimco may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of New York and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. Failure by Kimco or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement. This Agreement constitutes the entire agreement between us relating to your use of this Site. Kimco logos, product and service names are trademarks owned by and/or licensed to Kimco or its affiliates (the "Marks"). Without the prior written permission of Kimco or its appropriate affiliates, you agree not to display or use in any manner, the Marks.The section titles in this Agreement are for convenience only and have no legal or contractual effect.