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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

Forest City Commercial Management, Inc. and its affiliates (collectively, "Forest City ") maintain this Website (the "Site") for your personal use. Your access to and use of this Site is subject to the following Terms of Use. Forest City reserves the right to update these Terms of Use at any time without notice to you. Any changes or modifications will be effective upon the posting of the revisions on the Site. The most current version of the Terms of Use may be accessed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

User Representations and Warranties

By using this Site, you are representing to Forest City Enterprises that you have the power and authority to accept these terms and to enter into this Agreement, that you are capable of assuming, and do assume, any risks related to the use of this Site and its content, and that you understand and accept the terms, conditions and risks relating to your use. You may not use this Site or accept these Terms if you are not of a legal age to form a binding contract.

Accuracy and Completeness of Information

While Forest City uses all reasonable efforts to ensure that the information contained in this Site is accurate and reliable, Forest City makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

Modification of Site

Forest City will periodically revise the information, services and resources contained in this Site (pursuant to its sole and absolute discretion) and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. Forest City encourages you to visit this Site frequently to stay informed.

Your Use of the Site

You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you or to any user as a result of any such downloading or copying.

You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the prior written permission of Forest City.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not in connection with your use of this Site: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (b) interfere with or disrupt the computer networks of Forest City or attempt to do so; (c) upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Forest City (d) upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law. Any unauthorized use of the Site will terminate the permission or limited, non-exclusive license granted by these terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.

Unsolicited Submissions

Forest City does not accept or consider any creative ideas, suggestions or materials from the public ("Submissions"), therefore, you should not make any Submissions to Forest City. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Forest City. Forest City shall exclusively now and hereinafter own all rights, title and interest therein. Forest City will be free to use any Submissions for any purpose whatsoever.

Privacy Policy

Forest City?s use of any personal data you submit to the Site is governed by the Site's Privacy Statement. Please review our Privacy Statement, which also governs your visit to our center, to understand our practices.

Disclaimer

THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED AS IS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AVAILABLE THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. FOREST CITY HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FOREST CITY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOREST CITY DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OF FOREST CITY WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF THE SITE) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT FROM THE SITE IS DISCLAIMED.

ALTHOUGH FOREST CITY HAS TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, FOREST CITY DOES NOT WARRANT THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT.

Limitation of Liability

IN NO EVENT WILL FOREST CITY, ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER FOREST CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold Forest City harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or in any way related to your use of the Site, any material contained therein by you, or by your breach of the terms of this agreement.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Forest City, its vendors or its affiliates. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Forest City.

Trademarks

This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to Forest City and its affiliates. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without prior written permission of Forest City or any such third party that may own a Mark displayed on the Site.

Links to Third Party Sites

As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Forest City. Forest City has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Forest City. Forest City is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Such statements are based on assumptions and expectations that may not be realized and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future events and actual results, financial and otherwise, may differ materially from the results discussed or implied in the forward-looking statements. Risks and factors that could cause actual results to differ materially from those contained in a forward looking statement include, but are not limited to, the risks identified in Forest City?s Securities and Exchange Commission filings, including, but not limited to Forest City?s annual and quarterly reports on Forms 10-K and 10-Q. Forest City assumes no liability or responsibility to publicly update or revise any forward-looking statements.

Jurisdiction

This Site is maintained and operated from Placewise Media. These Terms of Use are governed and interpreted under the laws of the State of Ohio (without regard to conflict of law principles) and/or the federal laws of the United States of America. By using this site you consent to the jurisdiction of the courts located in Cuyahoga County, Ohio for any action arising from these Terms of Use.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of either Placewise Media or Forest City to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.

This Site can be accessed from countries around the world other than the United States. Forest City makes no representation that the content on this Site is appropriate or available for use in other locations, and accessing this Site from areas where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.

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