Terms of Use

OVERVIEW

The following are terms of a legal agreement between you and Kimco Realty Corporation. Please read this agreement ("Agreement") carefully before accessing, browsing, or using this web site ("Site") or downloading any materials from this Site. By accessing, browsing, or using this Site or downloading any materials from this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.

Kimco Realty Corporation, its affiliates and agents ("Kimco"), provide the information, services and other materials on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. The information, services and other materials offered on or through the Site are provided with the understanding that Kimco is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to any and all additional disclaimers and conditions that may appear throughout the Site. Kimco assumes 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 does not guarantee the accuracy, completeness or timeliness of any such information, services or other materials, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness thereof.

This Site contains proprietary notices related to copyright, trademark, and other proprietary rights, and all such notices must be observed and followed. Please click on the Copyright and Trademark tab for related information.

LIMITATION AND PROHIBITED USES

You may access, download and print materials on this Site subject to the terms of this Agreement and any further terms and conditions posted on the Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create "Derivative Products" from, frame in a web page on another web site, 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 or service offerings that result from the analysis or that comprise a compilation and analysis of any 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, screen scraping 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 criminal and/or civil 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 or third party licensors. No reproduction, distribution, or transmission of any materials on 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 will automatically terminate.

LINKING TO THE SITE

All links to this Site must be approved in advance in writing by Kimco, subject to your agreement that Kimco may, in its sole discretion and at any time, terminate permission to link to the Site, at which such time you agree to immediately remove all links to the Site.

LINKS TO THIRD PARTY SITES

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 that is 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. Inclusion of hyperlinks by Kimco or its affiliates to such web sites does not imply an endorsement of the material on such third party web sites or any association with their operators, and you access and use such web sites, including information, materials, products and services therein, solely at your own risk. Furthermore, because the Kimco privacy policy is applicable only with respect to your use of our Site, you are solely responsible for reading and familiarizing yourself with the privacy policy of any such third party web site before disclosing any personal information.

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.

LIABILITY DISCLAIMER

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 THEIR RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME WITHOUT NOTICE.

ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL KIMCO ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY AWAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KIMCO, ITS AFFILIATES, AND/OR ANY OF ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kimco, its affiliates, and agents from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your use of the Site and any breach or violation of the terms of this Agreement.

LIMITATION OF LIABILITY

NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME OR LOST REVENUE WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY. 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.

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 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. Kimco’s logos, product names 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 any of the Marks in any manner.