| Terms
of Use |
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| Welcome
to the website of Acadia Realty Limited Partnership/Ledgewood Mall.
By using our site, you are agreeing to comply with and be bound by
the following terms and conditions, including but not limited to our
Terms of Use and any and all other notices posted on the website.
Please review these terms and conditions carefully. If you do not
agree to be bound by these terms and conditions, you should not use
our website. Your use of our website or of any of the contents
presented in any and all areas of our website indicates your
acknowledgment and acceptance of these Terms of Use and any and all
other notices posted on our website.
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| Acadia
Realty Limited Partnership/Ledgewood Mall reserves the right, at its
sole discretion, to modify, add or remove any terms or conditions of
these Terms of Use without notice or liability to you. Any changes
to these Terms of Use shall be effective immediately following the
posting of such changes on our website. You agree to review these
Terms of Use from time to time and agree that any subsequent use by
you of our website following any changes to these Terms of Use shall
constitute your acceptance of all such changes. These Terms of Use
were last modified on August 23, 2007. |
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| The terms
“us” or “we” or “our” refers to Acadia Realty Limited
Partnership, the owner of the website. The term “you” refers to
the user or viewer of our website. |
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| Disclaimer |
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| This
website if for informational purposes only. It is provided for your
own personal, non-commercial use and not for purposes of resale,
distribution, public display or performance or any other uses by you
in any form or manner whatsoever. Unless otherwise indicated on our
website, you may display, download, archive, and print a single copy
of any information on our website for such personal, non-commercial
use, provided it is done pursuant to User Conduct and Obligations, as
set forth herein.
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| We have
used our best efforts to obtain the most accurate and timely
information available, all of which is subject to change.
Accordingly, we do not guarantee the accuracy, timeliness,
reliability or completeness of any of the information contained on,
downloaded from or accessed from our website. |
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| The
performance of our website and all information contained on,
downloaded from or accessed from is provided to you on an “as is”
basis, without warranties of any kind whatsoever, including any
implied warranties or warranties of merchantability, fitness for a
particular purpose or non-infringement of the rights of third
parties. We shall not be responsible for any problems or technical
malfunctions of any telephone network or lines, computer on-line
systems, servers, Internet access providers, computer equipment,
software, or any combination thereof including injury or damage to
your or any other person’s computer as a result of the use of our
website. |
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| We
reserve the right, at our sole discretion, to modify, disable access
to or discontinue, temporarily or permanently, any part of or our
entire website or any information contained thereon without liability
or notice to you. |
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| As a
visitor to our website, you acknowledge and agree that any reliance
on or use by you of any information available on our website shall be
entirely at your own risk. In no event shall we or any of our data
providers be liable for any direct, indirect, consequential or
exemplary damages arising from the use of the performance of our
website, even if we or such provider has been advised of the
possibility of such damages. |
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|
User Conduct and Information |
You agree to follow all applicable laws and regulations when using our website.
Furthermore, you agree that you will not up-load, post or otherwise
transmit through or to our website any content that:
- is
unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or otherwise objectionable;
- might
infringe the intellectual property rights, privacy rights, rights of
publicity or other proprietary rights of other;
- contains
any viruses, Trojan horses, time bombs, or any other harmful
programs or elements;
- disrupt,
place unreasonable burdens or excessive loads on, interfere with or
attempt to gain unauthorized access to any portion of our website,
its computer systems, servers, or networks;
- transmit junk mail, chain letters, or other unsolicited bulk e-mail or
duplicative messages;
- collect information about other visitors to our website without their
consent or otherwise systematically extract data or data fields,
including without limitation e-mail addresses.
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| The
foregoing prohibitions expressly include, but are not limited to, the
practice of screen scraping, or any other practice or activity the
purpose of which is to obtain lists of data, portions of a database,
or other lists or information from our website, in any manner or in
any quantities not authorized in writing by us. |
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| Indemnification
by User |
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| You agree
to indemnify, defend and hold us and our affiliates, business
partners, officers, directors, employees, and agents harmless from
any loss, liability, claim, demand, damage, or expense, including
reasonable attorney fees, asserted by any third party in any way to
your use of our website or breach of these Terms of Use. We reserve
the right to assume the exclusive defense and control of any matter
subject to indemnification by you, which shall not excuse your
indemnity obligations. |
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| Third-Party
Web Sites, Contents and Products and Services |
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| You
acknowledge and agree that your business dealings with any third
parties, including any merchants or advertisers found on or accessed
through our website and any of their services, including payment for
and delivery of any related goods and services, are solely between
you and such third party.
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| Links and
pointers to other websites and references to products or services
offered by third parties are provided to you for convenience only and
do not constitute an endorsement or approval by us of (i) the
organizations that operate such websites; (ii) the content, privacy
policies or other terms of use on such websites; or (iii) such third
party products and services. As we have no control or responsibility
over websites or content maintained by other organizations, or for
products and services offered by third parties, we do not assume any
liability for your use of any of the foregoing, which use you
acknowledge and agree shall be at your own risk. |
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| Proprietary
Rights |
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| Our logos
and other identifying marks are and shall remain our trade-marks,
trade names and exclusive property and any unauthorized use of these
marks is unlawful. Other trademarks and trade names on our website
are the property of their respective owners. The content on our
website may be used by you for your personal, non-commercial use as
provided for in these Terms of Use, but may not be taken out of
context or presented in a misleading or discriminatory manner. Any
rights not expressly granted to you are reserved by us. |
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| Notice
of Copyright Infringement |
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Our
policy is to comply with all intellectual property laws and to act
expeditiously upon receiving any notice of claimed infringement. If
you believe that your work has been reproduced on our website in a
manner that constitutes copyright infringement, please provide a
notice of copyright infringement containing all of the following
information:
- A
physical or electronic signature of a person authorized to act on
behalf of the copyright owner for the purposes of the complaint;
- Identification
of the copyrighted work claimed to have been infringed;
- Identification
of the material on our website that is claimed to be infringing or
to be the subject of infringing activity;
- the address, telephone number or e-mail address of the complaining
party;
- a statement that the complaining party 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;
- a statement, under penalty of perjury, that the information in the
notice of copyright infringement is accurate, and that the
complaining party is authorized to act on behalf of the owner of the
right that is allegedly infringed.
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| All notices of copyright infringement should be sent to: |
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| Acadia
Realty Limited Partnership |
| c/o
Acadia Realty Trust |
| 1311
Mamaroneck Avenue |
| White
Plains, New York 10605 |
| Attention: Legal
Department |
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| General
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| If any
provision of these Terms of Use is held invalid or unenforceable in
any respect by any court having competent jurisdiction, such
provision shall be enforced to the maximum extent permitted by law,
and the remaining provisions of these Terms of Use shall continue in
full force and effect. No waiver of any provision of these Terms of
Use shall be deemed a further or continuing waiver of such provision
or any other provision of these Terms of Use. |
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| These
Terms of Use shall be governed by and construed in accordance with
the laws of the State of New Jersey. |
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| Contact |
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| If you
have any concerns or questions about our website or these Terms of
Use, please contact us at the above referenced address. |