- THESE TERMS OF USE (COLLECTIVELY, THE "TERMS" OR "TERMS OF USE") ARE ENTERED INTO BETWEEN YOU AND KIMCO REALTY CORPORATION ("KRC," "OUR," OR "WE,"). THESE TERMS SET FORTH THE BASIC RULES THAT GOVERN YOUR ACCESS TO, AND USE OF, THE WEBSITES OWNED OR OPERATED BY KRC AND ITS AFFILIATES AT KIMCOREALTY.COM AND SHOPKIMCO.COM WEBSITE (COLLECTIVELY, THE "WEBSITE"). THIS WEBSITE IS OFFERED AS A SERVICE TO OUR CUSTOMERS AND ANY OTHER GUESTS OF OUR WEBSITE. KRC APPRECIATES YOUR INTEREST IN OUR COMPANY AND YOUR VISIT TO THIS WEBSITE. ACCEPTANCE OF THE TERMS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THEY GOVERN YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MUST NOT USE THE WEBSITE.
Your use of this Website constitutes your knowledge, understanding, and acceptance of these Terms, and your agreement to be bound by and abide by these Terms and our privacy policy, available at https://www.kimcorealty.com/privacy-policy ("Privacy Policy"), incorporated herein by reference. By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority (as determined by the laws of your state of residence) and you have given KRC your consent to allow any of your minor dependents to use this Website.
- CHANGES TO THE TERMS OF USE
KRC may make changes, edits, modifications, deletions, updates, or revisions (together, "Revisions") to these Terms from time to time in our sole discretion. All such Revisions are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the Revisions to the Terms means that you agree and accept to the Revisions however, in the event of any change to the Terms related to privacy, you will be asked to provide your consent to accept the revised Terms prior to your use of the Website. We ask and expect you to check this page frequently so you are aware of any Revisions, as they are binding on you. The Terms are effective as of the "Last Updated On" date listed above.
- TRADEMARKS
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Website are the registered and/or unregistered Trademarks of KRC, or such third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of KRC or such third party that may own the displayed Trademarks.
- SITE CONTENTS AND COPYRIGHT
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website ("Content") are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites without our written permission. Access is granted to this Website solely for your use of KRC services for information, education and communication with KRC. You may download copy or print the Content of this Website for your personal non-commercial use only. No right, title or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website. All rights not explicitly granted by these Terms are reserved.
- USER COMMENTS AND OTHER SUBMISSIONS
While KRC desires to receive feedback from its customers and guests, please do not send KRC any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like ("Submission(s)"). KRC is under no obligation to use or compensate you for your Submissions. KRC will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information. By submitting items to this Website, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information that may be contained in the Submissions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority (as determined by the laws of your state of residence), you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image.
- LICENSE TO USE SUBMISSIONS
If you make a Submission to this Website, you automatically grant KRC a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for KRC to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.
- NO ENDORSEMENT OR LIABILITY FOR USER GENERATED OR THIRD-PARTY CONTENT
Although third-party or user-generated Submissions may be posted on this Website, the posting of those Submissions does not constitute KRC’s endorsement of those Submissions. KRC is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
- THIRD-PARTY LINKS
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Third-party links on this Website may direct you to third-party websites that are not affiliated with KRC, that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. This includes links contained in advertisements, including banner advertisements and sponsored links. KRC is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions ("Third-Party Products") made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
- COPYRIGHTS AND DIGITAL MILLENNIUM COPYRIGHT AGENTS
Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Website. Our copyright agent is Greenberg Traurig, LLP, Docketing. The agent can be reached at (312) 456-8400 or via email at chiipmail@gtlaw.com, or via U.S. Mail at: 77 West Wacker Drive, Suite 3100, Chicago, IL 60601.
- DMCA INFRINGEMENT NOTIFICATION
To be effective, your infringement notification must include the following:
- 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 or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: "I have 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
- The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in steps 1 through 6 above:
- We will remove or disable access to the content that is alleged to be infringing;
- We will forward the written notification to the alleged infringer; and
- We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
- DMCA INFRINGEMENT COUNTER NOTIFICATION
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from KRC, the alleged infringer will have the opportunity to respond to KRC with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to KRC’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;" and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which KRC may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in steps I through IV above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
- PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local laws, regulations, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, bully, abuse, impersonate, insult, harm, defame, slander, disparage, intimidate, or discriminate, generally; or based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information; (g) to impersonate or attempt to impersonate KRC, a KRC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to engage in unlawful multi-level marketing, such as a pyramid or ponzi scheme; (l) to post content that is hateful, threatening, pornographic, or incites violence; or that contains nudity, adult content or content that depicts violence; or (m) to interfere with or circumvent the security features of this Website, other websites, or the internet.
Additionally, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (ii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (iii) use any device, software, or routine that interferes with the proper working of the Website; (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (vii) otherwise attempt to interfere with the proper working of the Website.
We reserve the right to terminate your use of the Website for violating any of these prohibited uses.
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REGISTRATION, ACCOUNTS AND SECURITY
You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to KRC. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
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SITE UPDATES
KRC undertakes no obligation to update, amend or clarify information on this Website, including without limitation, pricing information, except as required by law. The information presented on or through the Website is made available solely for general information purposes.
No specified update or refresh date applied on this Website should be taken to indicate that all information on the Website has been modified or updated. Please remember when reviewing information on this Website that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Website to become inaccurate or incomplete.
On occasion, information on this Website may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product or service availability. KRC reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate.
KRC reserves the right, but is not obligated, to limit the services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the types of services that we offer to specific jurisdictions and regions. All descriptions of services and fees are subject to change at any time without notice at the sole discretion of KRC. KRC reserves the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited.
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MOBILE
KRC may offer mobile versions of the Website for use on smart devices. We do not charge for the use of the Website on mobile devices, but reserve the right to charge for such services in future releases. Please note that your carrier’s normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, we will not be responsible for messages that are sent or received due to a failure to update mobile contact information or service.
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SMS ALERTS - SHORT CODE 40517
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1.If you wish to receive Kimco Alerts, text JOIN to 40517 to opt-in. Message and data rates may apply. Message frequency is estimated at 1-2 messages per month. Text "HELP" for help. Text "STOP" to cancel.
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You can cancel this service at any time. Just text "STOP" to 40517. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
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If at any time you forget what keywords are supported, just text "HELP" to 40517. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
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Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
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T-Mobile is not liable for delayed or undelivered messages.
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As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to marketing@kimcorealty.com (or call 833-800-4343).
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If you have any questions regarding privacy, please read our privacy policy.
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LIMITATION OF LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE: (1) THAT YOUR USE OF THIS WEBSITE AND ANY CONTENT DISPLAYED OR ACCESSED VIA THE WEBSITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE; (3) THAT KRC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND RELATED TO CONTENT PROVIDED BY THIS WEBSITE. WE ARE NOT LIABLE FOR YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF KRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KRC’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEBSITE EXCEED THE AMOUNT, IF ANY, THAT YOU PAID KRC TO ACCESS THIS WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KRC’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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DISCLAIMERS
THIS WEBSITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE WEBSITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR WEBSITE(S). THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." KRC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS WEBSITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND KRC MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR COMPUTER OR DEVICE, OR FREE FROM ERROR OR VIRUSES. NO KRC EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY DISCLAIMER. TO THE EXTENT ALLOWABLE BY EXISTING LAW, KRC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
KRC RESERVES THE RIGHT TO ALTER OR REMOVE WEBSITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND KRC WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THE ACTION.
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INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD KRC, ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUPPLIERS, VENDORS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS.
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RELEASE
ALL USERS OF THIS WEBSITE ACKNOWLEDGE AND AGREE THAT KRC AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEYS’ FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. KRC RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE WEBSITE.
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TERMINATION
The Terms will remain in effect until you notify us that you no longer wish to use the Website, or you cease using the Website. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all Terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including, but not limited to, sections covering licenses, warranty and liability disclaimers, indemnification, notice and consent, and governing law. KRC may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in KRC’s sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or KRC, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as copies of such materials, whether made under the Terms or otherwise.
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CHOICE OF LAW AND FORUM
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Website or Terms, you hereby agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the Southern District of the State of New York.
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NOTICE AND CONSENT TO ELECTRONIC COMMUNICATIONS
Kimco its affiliates and/or agents may make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website, at any time without notice. Kimco may modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. Accordingly, you agree to review the Terms periodically, and your continued access or use of this Website shall be deemed your acceptance of the modified Terms.
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PRIVACY POLICY
KRC is committed to protecting the privacy of our customers and other guests of this Website. All information we collect on this Website is subject to our Privacy Policy. For information on how information is collected, used, or disclosed by KRC in connection with your use of this Website, please refer to our Privacy Policy posted at https://www.kimcorealty.com/privacy-policy By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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NO OTHER AGREEMENTS
The Terms of Use constitute the sole and entire agreement between you and KRC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
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YOUR COMMENTS AND CONCERNS
Should you have any questions concerning the Terms, or if you desire to contact KRC for any reason (other than questions or concerns about privacy), please visit our Contact Page online. For questions or concerns about privacy, please refer to our Privacy Policy posted at https://www.kimcorealty.com/privacy-policy