Website Terms and Conditions of Use

 

NOTICE TO USER: This Terms and Conditions of Use Agreement (this “Agreement”) states the terms and conditions under which you may access, view or use www.federalrealty.com (the “Website”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you acknowledge and agree that you have read and understand the Terms of Use and Federal Realty’s Privacy Policy and that you are bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website and shall immediately cease accessing and using and the Website. 

Federal Realty may modify the Terms of Use from time to time, in the sole discretion of Federal Realty. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with Federal Realty or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and Federal Realty, the Terms of Use are the entire agreement between you and Federal Realty and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Federal Realty about this Website.

Limited Right to Access and Use

Subject to this Terms of Use and Federal Realty’s Privacy Policy, Federal Realty hereby grants you, and you hereby accept, a non-exclusive, non-transferrable, revocable, and limited right to electronically access and use the Website as set forth below.

You are only entitled to use this Website for lawful purposes and pursuant to these Terms. Your use of this Website is restricted to gathering information about Federal Realty. By using this Website or otherwise submitting information to Federal Realty through this Website, you represent and warrant to Federal Realty that you:

  • are of legal age to agree to these Terms;
  • agree to comply with all applicable laws, rules and regulations regarding online conduct, transmission of information online; and
  • agree to be bound by these Terms.

To determine your compliance with these Terms, we reserve the right, but not the obligation, to monitor your use of this Website.

You may view and download material displayed on our Website for your personal use only, subject to the following provisions: (i) you retain all copyright, trademark and other proprietary notices contained within the materials; (ii) you may not distribute, retransmit, republish, reuse, repost, or use the contents of our Website for public purposes, without Federal Realty’s prior written permission; (iii) you may not alter or interfere with the content or functioning of our Website, or “mirror” any content contained on our Website on any other server; (iv) you must not use the Website content in a manner that suggests an association with Federal Realty or any of Federal Realty’s products, services or brands; (iv) you must not copy or adapt any object code associated with our Website or reverse engineer, modify, or attempt to discover any source code associated with our Website, nor allow or assist any third party to do so (whether or not for your benefit); (v) you must not use the Website content for any use other than personal and educational, and will not redistribute, broadcast, or copy it to any other media; and (vi) you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Website content (except as may be a result of standard search engine or Internet browser usage).

You recognize and agree that the content made available through the Website is for informational purposes only. Users should never use any Website resources in place of seeking professional advice from applicable professionals. Federal Realty makes no guarantees, promises, or predictions of success regarding any of the information and resources offered through the Website.

Restrictions

You shall not attempt to do or do any of the following, and shall not allow others to attempt to do or do any of the following:

  • assign, sublicense, transfer, or otherwise provide another person with access to and/or use of the Website;
  • allow another person to use your username and/or password to access and/or use the Website;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity with respect to accessing and/or using the Website;
  • upload, post, e-mail, transmit, or otherwise make available through the Website any content, data or other information (i) that is false, inaccurate, incomplete, untimely, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful; (ii) for which you do not have a right to make available (publicly or privately); (iii) that infringes any intellectual property right or other proprietary right of any person or entity; or (iv) that contains malware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, interfere with, or otherwise limit the functionality of any computer software, hardware, network, telecommunications equipment, or to otherwise interact with the Website in a manner not permitted;
  • download, copy, publish, modify, tamper with, adapt, translate, reverse engineer, disassemble, decompile, decode, or decrypt the Website;
  • create derivative works from the Website;
  • forge headers or otherwise manipulate identifiers related to the Website;
  • use, remove, alter, obscure, translate, combine, supplement, or otherwise change any screen display, patent, copyright or trademark marking, disclaimer, version or release number, or serial number which is present in, displayed by, or provided in connection with, the Website;
  • frame, link, or otherwise use a method to give the appearance that you are authorized to display the Website for others;
  • probe, scan, or test the vulnerability of the Website;
  • act as a Website bureau to third parties or act as an outsource agent or outsource provider for third parties, or otherwise utilize the Website for the benefit of any third party;
  • use any information from the Website for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes;
  • enable high volume, automated, electronic processes through the Website;
  • use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Website or content, data or other information associated with the Website;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or violate any requirements, procedures, policies, or regulations of networks connected to the Website;
  • interfere with the use of the Website by Federal Realty or other users of the Website;
  • bypass, breach, disable or defeat or attempt to do any technological safeguard, restricted access, or other protection used by, or in connection with, the Website;
  • stalk or otherwise harass any person or entity through the Website;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize through the Website;
  • collect, store, use, share, or otherwise process personal data, personal information, personally identifiable information or any other information which is related to an identified or identifiable natural person (collectively, “Personal Information”) of other users of the Website, except as (i) allowed by applicable law, (ii) permitted pursuant to this Terms of Use, and (iii) to facilitate a transaction through the Website;
  • disclose any information of or provided by Federal Realty or another user of the Website, except as needed to use the Website in accordance with this Terms of Use;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; or
  • access or use the Website in a manner that violates this Terms of Use or any applicable law, rule, or regulation.

Use Of Copyrighted Materials/Trademarks

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by Federal Realty (collectively, the “Materials”) or (ii) provided by Third-Party licensors and suppliers to Federal Realty (collectively, the “Third-Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third-Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information, and other restrictions in connection with the Website, including without limitation any Materials and Third-Party Content therein.

The Materials contain trademarks, service marks and trade names which are owned by Federal Realty and its affiliates. Except as otherwise noted on the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:

  • Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
  • Federal Realty reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Federal Realty.

The Third-Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third-Party Content, you agree only to display the Third-Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. You acknowledge and agree that the Third-Party Content does not reflect the views of Federal Realty and that Federal Realty is not responsible for any views, ideas, positions, materials and the like contained in any Third-Party Content.

Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Federal Realty, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third-Party Content on the Website are expressly reserved to Federal Realty, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of Federal Realty or written permission from a Third-Party with respect to such party’s Third-Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third-Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third-Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third-Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.

Hyperlinks To This Site

You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray Federal Realty or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Federal Realty at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Federal Realty trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of Federal Realty in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a Federal Realty or Federal Realty affiliate name, trademark, or product name without express written consent from Federal Realty in each instance.

 

 

Links To Third-Party Websites

The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Federal Realty.  If you use these links, you may leave the Website.  Federal Realty has not reviewed any of these Third-Party sites and does not control and is not responsible for any of these sites or their content. Federal Realty does not endorse any opinion, recommendation or advice expressed therein or make any representations about Third-Party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and Federal Realty expressly disclaims any and all liability in connection with such Third-Party sites, including the terms and conditions of use, privacy policy, practices or the content of such third parties or their websites.

You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Federal Realty in connection therewith. You further understand and acknowledge if you decide to access any of the Third-Party sites linked to the Website, you do so entirely at your own risk.

We encourage you to be aware of when they leave this Website and to read the terms and conditions of use and privacy policy of each website that they visit by linking from this Website. If you have a question about the terms and conditions of use, privacy policy, practices or content of a third-party website, please contact the applicable third party directly. If you want to opt-out of receiving emails and other future contact from such a third party you must contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

Noninterference

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third-Party Content or enforce limitations on use of the Website or any such content therein.

JURISDICTIONAL RESTRICTIONS

Although this Website is accessible worldwide, this Website is neither designed nor intended for use outside the United States. Those who choose to access this Website from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. Federal Realty reserves the right, at any time and in our sole discretion, to limit the availability and/or use of this Website to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws, rules and regulations of the United States and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.

 

AVAILABILITY

Your use of this Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of this Website, or other actions that Federal Realty may take in its sole discretion and from time to time. Federal Realty reserves the right to modify, suspend or discontinue the availability of this Website, or any portion or feature of this Website, at any time and in our sole discretion and without prior notice.

 

 

Disclaimer Of Warranties

Except as may be expressly set forth otherwise in a written agreement between you and Federal Realty or a Federal Realty affiliate, Federal Realty has no special relationship with or fiduciary duty to you.

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED US TO ENTER INTO THESE TERMS AND ANY CONTRACT WITH YOU.

THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FEDERAL REALTY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD-PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF FEDERAL REALTY’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY SET FORTH IN THESE TERMS.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

To the extent Federal Realty is managing a property where you are renting a business, you must rely solely on your own investigation and conclusions regarding such rental, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees or current or future performance.

Limitation Of Liability

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED US TO ENTER INTO THESE TERMS AND ANY CONTRACT WITH YOU.

IN NO EVENT SHALL FEDERAL REALTY BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL FEDERAL REALTY BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER FEDERAL REALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF FEDERAL REALTY  FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00).

THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE YOU AND FEDERAL REALTY AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Press Releases

The information contained within press releases issued by Federal Realty and its affiliates should not be deemed accurate or current except as of the date the release was posted. Federal Realty and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Copyright Infringement Policy

Federal Realty does not knowingly permit copyright infringing activities on the Website.

If a person is a copyright owner or an agent of the owner and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Federal Realty copyright agent indicated below with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Federal Realty to locate the material;
  • Information reasonably sufficient to permit Federal Realty to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the reporting person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated copyright agent (“Copyright Agent”) to receive such notifications of claimed infringement is legalnotices@federalrealty.com, attn: Legal Department. We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing such a notice or any counter-notice under the DMCA.

Please be advised that notices under the DMCA should go to our Copyright Agent; but any other feedback, comments, requests for technical support, and other communications in connection with the Website should be directed to Federal Realty customer service through www.federalrealty.com.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Federal Realty.

Indemnification

You agree to defend, indemnify and hold harmless Federal Realty and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any Third-Party right, including without limitation any Third-Party Content or any other Third-Party copyright, property, or privacy right in connection with your use of or access to the Website.

 

 

Proprietary Rights

  • Website Materials.

Federal Realty owns all right, title and interest in and to this Website including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials on this Website (collectively, “Website Materials”).

  • Names, Markings and Other Intellectual Property Rights.

Federal Realty owns all right, title and interest in and to the name Federal Realty and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to this Website or otherwise owned and/or operated by Federal Realty, as well as all of Federal Realty’s URLs, website domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, “Names, Markings and Other Intellectual Property Rights”).

  • Website Content.

Federal Realty owns all right, title and interest in and to all content on this Website, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, “Website Content”).

  • Information.

As between  you and Federal Realty, you exclusively own all right, title and interest in and to all of the unique information you provide to Federal Realty through this Website, such as your IP address and information related to your use of the Website (“Information”). For information on how we collect, store, use and disclose your Information, please read our Privacy Policy.

  • Personal Information.

As between you and Federal Realty, you exclusively own all right, title and interest in and to all of your personally identifiable information you provide to Federal Realty through this Website, including, without limitation, name, username, password, other login information and payment information (“Personal Information”). For information on how we collect, store, use and disclose your Personal Information, please read our Privacy Policy.

  • Aggregated Information.

Federal Realty exclusively owns all right, title and interest in and to all aggregated, anonymous data and statistical information about the use of this Website and users of this Website (“Aggregated Information”). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information. For information on how we collect, store, use and disclose Aggregated Information, please read our Privacy Policy.

  • User Generated Content.

Federal Realty exclusively owns all right, title and interest in and to all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that is posted on or submitted to this Website or otherwise provided to Federal Realty and relating to this Website (“User Generated Content”). We have no obligation to retain, provide you with copies of or protect the confidentiality or privacy of any User Generated Content. For information on how we collect, store, use and disclose User Generated Content, please read our Privacy Policy.

  • Limited License and Prohibited Use.

You may not use any of the Website Materials, Names, Markings and Other Intellectual Property Rights, or Website Content without our express, prior written permission. You shall not delete or in any other manner alter the copyright, trademark and other proprietary notices appearing on this Website. We make no proprietary claim to any third-party names, copyrights, service marks, trademarks or trade dress appearing on this Website. Any third-party names, copyrights, service marks, trademarks or trade dress appearing on this Website are property of their respective owners. Without our express, prior written consent, you may only print, download or otherwise use the Website Materials, Names, Markings and Other Intellectual Property Rights, and Website Content for a website user’s internal, non-commercial use consistent with these Terms and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use is permitted. Your use of this Website does not grant to you ownership of any content, code, data or other materials you may access on or through this Website. Federal Realty expressly reserves all rights not expressly granted to you in these Terms.

 

Rights You Grant To Federal Realty

Subject to these Terms and our Privacy Policy, you hereby grant Federal Realty a limited, non-exclusive, royalty-free, fully paid-up, worldwide right and perpetual license to use your Information and Personal Information. You also hereby assign to Federal Realty all of your right, title and interest in and to all of your User Generated Content, including, without limitation, all intellectual property rights relating to your User Generated Content. At Federal Realty’s request and expense, you will execute all reasonable documents and take such further acts as Federal Realty may reasonably request to assist Federal Realty to acquire, perfect and maintain such intellectual property rights in the User Generated Content.

 

Your Information Representations And Warranties

By submitting information to Federal Realty through this Website, you represent and warrant to Federal Realty that you are entitled to submit such information to Federal Realty and Federal Realty  is entitled to use such information as set forth in these Terms and subject to our Privacy Policy, without any restrictions or limitations and without any monetary or other obligation by Federal Realty. From time to time, we may need your permission to do things with the information you submit to Federal Realty through this Website to be able to provide you with this Website. You hereby provide Federal Realty with your express permission to do those things as set forth in our Privacy Policy. This permission also extends to third parties we work with to provide you with this Website.

 

Blogs, Forums, Chat Rooms And Bulletin Boards

In the event that this Website includes blogs, forums, chat rooms and/or bulletin boards (each, a “Forum”), which allows users to post User Generated Content and interact. Federal Realty does not prepare, approve or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that Federal Realty has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any User Generated Content is at your own risk. Federal Realty reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove and/or re-post User Generated Content posted in our Forums.

 

Linking To This Website

You may link to this Website’s homepage, provided you do so in a way that is fair, legal, consistent with these Terms and does not damage our reputation or take advantage of this Website, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This Website may not be framed on any other website, nor may you create a link to any part of this Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

 

 

General Provisions

Entire Agreement

This Terms of Use represent the entire agreement between Federal Realty and you with respect to your access to and use of the Website and supersede any prior or contemporaneous understandings and oral or written agreements with respect to the subject matter of this Terms of Use.

Assignment

You shall not assign these Terms of Use or any right or obligation pursuant to these Terms of Use without the prior, written consent of Federal Realty, which consent may be withheld at the sole discretion of Federal Realty.

Binding Effect

These Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by Federal Realty and you and their successors and permitted assigns. These Terms of Use shall not be construed to give any person other than Federal Realty  and you any legal or equitable right, remedy, or claim under or with respect to this Terms of Use.

Concerns.

Most concerns involving this Website can be resolved quickly and efficiently by Federal Realty. If you are unable to resolve your concern within 10 business days of contacting Federal Realty  in writing, then either party may file a claim pursuant to these Terms to resolve the dispute.

Governing Law; Venue; Jurisdiction

Enforcement of the Terms of Use will be governed by Maryland law, without giving effect to principles of conflicts of law. Any application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in Montgomery County, Maryland and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise.

Governing Language

The governing language for these Terms and any interpretation of these terms is English, and any copy of these Terms in any other language is merely for convenience and will not govern the interpretation of these Terms.

Waiver

The failure of Federal Realty to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Federal Realty in writing.

Severability

In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

 

Force Majeure

Except for obligations of payment, if either party is prevented from performing any of such party’s obligations under this Terms of Use by circumstances beyond its reasonable control, then the party so affected shall be excused from its performance under this Terms of Use so long as such circumstance exists.

Jury Trial Waiver

FEDERAL REALTY AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS AGREEMENT. FEDERAL REALTY AND YOU EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) AGREES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.

Injunctive Relief

Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.

You acknowledge that we may be irreparably damaged if these Terms are breached by you, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms.

Prevailing Party Attorneys’ Fees

In the event of any legal proceeding or equitable action, the prevailing party in such legal proceeding or equitable action shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such legal proceeding or equitable action, as well as at all levels of trial and appeal.

You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Survival

All payment obligations incurred by you and the provisions set forth above will survive the expiration and earlier termination of this Terms of Use.

Your agreement to be bound by these Terms commences with your using this Website or otherwise submitting information to Federal Realty through this Website, and your agreement to be so bound will continue until your right to use this Website is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination: our Privacy Policy and any obligation you have to Federal Realty, as well as each of the following provisions: Proprietary Rights; Rights You Grant To Federal Realty; Your Information Representations and Warranties; Blogs, Forums, Chat Rooms and Bulletin Board; Copyright Infringement Notice; Links to Third Party Websites; Linking to this Website; Disclaimer of Warranties; Limitation of Liability; Limitation On Time To File Claims; Indemnification; Dispute Resolution; Term and Survival; Changes To Terms; and General Information. If, following the cancellation or termination of your right to use this Website, you use this Website or otherwise submit information through this Website, then you again, automatically and immediately, are bound by these Terms.

Changes To Our Terms

At our sole discretion and at any time, we may amend these Terms. You should review these Terms for amendments each time you use this Website. For your convenience, we post on this Website the last date these Terms were updated. If our Terms are amended, the amended Terms will take effect immediately for all users of this Website. Your continued use of this Website following an amendment will evidence your acceptance of the amended Terms. No amendment, change or modification to these Terms will be effective unless such is in writing and signed by an authorized representative of Federal Realty.

Notices, Communications And Electronic Signatures

By using this Website or otherwise submitting information through this Website, you consent to receive communications from Federal Realty electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded button, hyperlink or entry field with your mouse, a keystroke or other device, your agreement or consent will be legally binding and enforceable and legal equivalent of your handwritten signature.

All notices required pursuant to this Terms of Use shall be delivered by and deemed delivered upon: (i) hand-delivery on the date delivered; (ii) nationally recognized overnight delivery service on the date delivered or the date delivery is refused by the recipient; or (iii) electronic mail with verification of receipt upon such verification. All such notices shall be addressed to the other party at the address provided to the other party or to such other address as a party may designate by notice complying with the terms of this section.

Incorporation of Privacy Policy

Our Privacy Policy is hereby incorporated into and made a part of these Terms by reference. These Terms, as amended from time to time by Federal Realty, represent the entire understanding and agreement between you and Federal Realty regarding the subject matter of these Terms and supersede any and all other prior and contemporaneous agreements, understandings or representations regarding the same. No amendment, change or waiver of any portion of these Terms will be effective unless it is in writing and signed by an authorized representative of Federal Realty. The failure of Federal Realty to require performance of any obligation under these Terms will not affect our right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms, the applicable document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the applicable document that is unlawful, void or unenforceable will be stricken. Your rights and obligations under these Terms and your right to access and use this Website are not assignable, transferable or sub-licensable by you.

 

Contact Us

If you have any questions regarding the Website, please contact us at info@federalrealty.com or 301-998-8100.

Securities of Federal Realty

Federal Realty is not providing investment advice through this web site, and the material on this web site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Federal Realty. If you decide to use any material available on this web site in assessing whether to buy or sell securities of Federal Realty, please be aware that the material on this web site reflects past performance and historical information only and that such performance and information is not necessarily an indication of future performance. See “Safe Harbor Statement” below.

Safe Harbor Statement

Certain matters included on this website may be deemed to be forward-looking statements within the meaning of the federal securities laws. Although Federal Realty believes the expectations reflected in the forward-looking statements are based on reasonable assumptions, it can give no assurance that its expectations will be attained. These factors include, but are not limited to, the risk factors described in our Annual Report on Form 10-K most recently filed with the Securities and Exchange Commission, and include the following: (a) risks that our tenants will not pay rent, may vacate early or may file for bankruptcy or that we may be unable to renew leases or re-let space at favorable rents as leases expire; (b) risks that we may not be able to proceed with or obtain necessary approvals for any redevelopment or renovation project, and that completion of anticipated or ongoing property redevelopments or renovation projects that we do pursue may cost more, take more time to complete, or fail to perform as expected; (c) risks that we are investing a significant amount in ground-up development projects that may not perform as planned, may be dependent on third parties to deliver critical aspects of certain projects, requires spending a substantial amount upfront in infrastructure, and assumes receipt of public funding which has been committed but not entirely funded; (d) risks normally associated with the real estate industry, including risks that occupancy levels at our properties and the amount of rent that we receive from our properties may be lower than expected, that new acquisitions may fail to perform as expected, that competition for acquisitions could result in increased prices for acquisitions, that costs associated with the periodic maintenance and repair or renovation of space, insurance and other operations may increase, that environmental issues may develop at our properties and result in unanticipated costs, and, because real estate is illiquid, that we may not be able to sell properties when appropriate; (e) risks that our growth will be limited if we cannot obtain additional capital; (f) risks associated with general economic conditions, including local economic conditions in our geographic markets; (g) risks of financing, such as our ability to consummate additional financings or obtain replacement financing on terms which are acceptable to us, our ability to meet existing financial covenants and the limitations imposed on our operations by those covenants, and the possibility of increases in interest rates that would result in increased interest expense; (h) risks related to our status as a real estate investment trust, commonly referred to as a REIT, for federal income tax purposes, such as the existence of complex tax regulations relating to our status as a REIT, the effect of future changes in REIT requirements as a result of new legislation, and the adverse consequences of the failure to qualify as a REIT; and (i) risks that our tenants will be unable to operate and as a result unable to pay rent as a result of closing pursuant to government mandated orders or otherwise in connection with a pandemic or other health crisis. Given these uncertainties, readers are cautioned not to place undue reliance on any forward-looking statements that we make, including those in this Supplemental Information. Except as required by law, we make no promise to update any of the forward-looking statements as a result of new information, future events, or otherwise. You should review the risks contained in our Annual Report on Form 10-K most recently filed with the Securities and Exchange Commission.

Search for Available Space

Federal Realty may from time to time provide to retailers and customers information about space in the Federal Realty portfolio that may be available for lease. Although we attempt to keep available space information current, we are unable to provide any assurance as to the accuracy of such information. All information is subject to change without notice. Under no circumstance is anything contained in this web site intended to be an offer or option to enter into a lease or an offer or option to negotiate a lease for any space within the Federal Realty portfolio.

Map and Directory Services

Driving directions, business listings and maps are provided by a third-party provider. Neither Federal Realty nor the third-party provider make any representations or guarantees as to the accuracy of any information or assume any liability or responsibility for any loss or damage arising out of inaccurate or incomplete information.

 

Website Accessibility

 

Federal Realty  is committed to facilitating the accessibility and usability of its website for all individuals. We continue to improve accessibility and work to ensure the accessibility of our online services and content to create an accessible and barrier-free environment by making every effort to meet Level AA design standards recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines (WCAG 2.1).

For the best experience, we recommend using the most current version of any browser and assistive technology application. We view accessibility as an ongoing effort and are continually seeking solutions that will ensure accessibility to all users. As such, our web team routinely receives training and updates on website accessibility. We also test our website on a periodic basis with assistive technology, and we conduct live-user testing.

If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible, please call our Customer Service team at 301-998-8100.  You can also email our team at info@federalrealty.com with “Disabled Access” in the subject line. Please be sure to specify the web page/URL in your email, provide a description of the specific feature you feel is not fully accessible or the issue you encountered, the date you encountered the issue, and the web browser and application (including version) that you used to access the website. We will make all reasonable efforts to address your concerns. 

We take your feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies. Additionally, some of the features on our website use third-party content or links to third-party content.  While we do not control the third-party vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

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