TERMS OF USE

The following terms and conditions (“Terms of Use”) govern the relationship between you, Damianos Realty Group and its affiliates (collectively, “DRG” or “we”). By using this web site you are agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use and our Privacy Policy. If these Terms of Use are not acceptable to you, please do not use this web site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Your continued use of this web site will be deemed your conclusive acceptance of the updated Terms of Use.

Rights Granted and Restrictions on Use:

DRG grants to you a limited non-exclusive, non-transferable license to view, copy and print the material on this web site (other than the design or layout of this web site) for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that are on this web site. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, information, software or other material or content in these Terms of Use, referred to (collectively, as the “content”) of this web site without DRG’s prior written permission. You acknowledge and agree that this web site and its content are the property of DRG, its affiliates or their respective service providers, suppliers or licensors and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on this web site or in its content. This web site and its content are protected by copyright, both individually and as a collective work or compilation and by trade-mark law, patent law and any other applicable laws.

Your Authority to Use this Web Site:

By using this web site, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this web site and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this web site or its content, your sole and exclusive remedy is to stop using it.

Disclaimers:

The content on this site is for informational purposes only. DRG and each of its affiliates, licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained on this web site provided by any third party, including without limitation, the information obtained through any link, has been supplied without verification by us. Neither DRG nor any of its affiliates, licensors, service providers or suppliers makes or has made any recommendations regarding the securities or investment services of any person or entity with respect to the content of this web site, or of the advisability of investing in securities generally for any particular individual.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. DRG, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. DRG, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. DRG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEB SITE. DRG MAY MAKE ANY OTHER CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

No Damages:

DRG, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEB SITE (OR A WEB SITE LINKED TO THIS WEB SITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY DRG’S OR ITS AFFILIATE’S OR EITHER OF THEIR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Advertising and Links:

DRG may, from time to time, accept advertising from certain entities and may receive a fee from their advertising on the DRG web site. No endorsement by DRG is intended or implied by the presence of such advertising. As a convenience to our visitors, the DRG web site currently contains links to other web sites. The privacy policies and procedures described here do not apply to those web sites. We suggest contacting these web sites directly for information on their data collection and distribution policies. Your linking to such web sites or pages is at your own risk. DRG is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. DRG provides these links merely as a convenience and the inclusion of such links does not imply that DRG endorses or accepts any responsibility for the content or uses of such web sites. Links do not imply that DRG or this web site is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol of DRG or any of its affiliates or subsidiaries.

Hyperlinks:

Unless you have a written agreement in effect with DRG which states otherwise, you may not provide a hypertext link to the DRG web site on another web site.

Protecting Information:

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.

Changes to Terms of Use:

DRG reserves the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Violations of Terms of Use:

DRG reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our site.

Other Countries:

This web site can be accessed from countries around the world other than the United States and may contain references to DRG products, services, and programs that have not been announced in your country. These references do not imply that DRG intends to announce such products, services or programs in your country. DRG makes no representation that the content on this web site is appropriate or available for use in other locations, and accessing this web site from territories where its content is illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.

Laws:

This web site (excluding linked sites) is controlled by DRG from its offices within the state of New York, USA. By accessing this web site, you and DRG agree that all matters relating to your access to, or use of, this web site shall be governed by the statutes and laws of the state of New York or the federal laws of the United States of America, as applicable, without regard to the conflicts of laws principles thereof. You and DRG also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the state of New York or the federal courts of the United States of America, as applicable, with respect to any and all matters arising in connection with these Terms of Use.

How to Contact Us:

If you have submitted personal information through the DRG web site or interactive advertisement, and would like that information deleted from our records, please contact us at our email address tparlante@drgrealty.com. We will use reasonable efforts to delete this information from our existing files.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. BY VIEWING THIS WEBSITE YOU WILL BE ENTERING INTO A LEGALLY BINDING CONTRACT EVEN IF YOU HAVE NOT READ THESE TERMS OF USE.

Privacy Policy

This Privacy Policy sets out the information gathering and dissemination practices for this web site by Damianos Realty Group and its affiliates (collectively, “DRG” or “we”). By viewing this website, you are consenting to this Privacy Policy and the collection, use and disclosure of your personal information by DRG as outlined in this Privacy Policy. If this Privacy Policy is not acceptable to you, please do not submit any of your personal information and please leave the website. We may update this Privacy Policy from time to time and you are responsible for periodically reviewing the most current version of this Privacy Policy. Your continued use of the site or submission of information will be deemed your conclusive acceptance of the updated Privacy Policy.

Collecting and Using Information:

Any collection of personal information about you on our web site (such as your name, address, phone number, email address), will be used for business and marketing purposes only. Personal information will only be collected if submitted via the “contact us” page. We will limit the information we collect to what we need for those purposes. If we wish to use your information for any other purpose, we will obtain your consent before using the information.

Releasing Information:

We may provide your information to other persons, but only if: we have your consent; we provide the information to our service providers, suppliers or agents who assist us in serving you and they have agreed to abide by our privacy policy; or we are required to do so by law, regulation or court order.

We will retain your information only for the time it is required for the purposes for which it was collected. It is also important for you to take precautions as well to help keep your information safeguarded.

Providing Information Access and Accuracy:

On your request, we will use commercially reasonable efforts to provide you with the information that we retain about you. We will make every reasonable effort to keep your information accurate and up-to-date.

Respecting and Responding to Your Privacy Concerns:

You have the option to refuse or withdraw consent to the collection, use and disclosure of your information, and we will respect your choices. We will investigate and respond to your concerns about any aspect of our handling of your information. Please contact edamianos@drgrealty.com with any concerns you may have in this regard.

Cookies:

Some pages on this web site use a technology called “cookies”. A cookie is a token that a server gives to your browser when you access a web site. Cookies are capable of storing many types of data. Cookies help provide additional functionality to the web site or to help us analyze web site usage more accurately. In all cases in which cookies are used, we will not collect personally identifiable information except with your explicit permission. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.

Automatic Collection of Information:

In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the web site from which you linked to our web site or advertisement. This web site may contain links to other web sites. While we try to link only to web sites that share our standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other web sites.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY POLICY, UNDERSTAND IT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS PRIVACY POLICY. BY VIEWING THIS WEBSITE YOU WILL BE LEGALLY GRANTING YOUR CONSENT TO RXR’S COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY EVEN IF YOU HAVE NOT READ THIS PRIVACY POLICY.