By using the websites hosted by TXBMS (“TXBMS”) and its affiliates (collectively referred to as the “Site”), you (“You” or “Your” as applicable) agree to be bound by all of the terms and conditions outlined herein and to use the Site only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If You access or use the Site on behalf of a business or individual, You represent to TXBMS that You have the authority to bind that business or individual and Your acceptance of these Terms and Conditions will be treated as acceptance by that business or individual. In that event, You and Your in these Terms and Conditions will refer to that business or individual. If You do not agree with these Terms and Conditions, You must immediately stop using the Site.
TXBMS reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Site. Changes in these Terms and Conditions will be effective when such change is posted. Your use of the Site after any changes to these Terms and Conditions are posted on the Site will be considered acceptance of those changes. TXBMS may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. TXBMS may also impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability. TXBMS may terminate the authorization, rights and license given herein.
TXBMS offers Services on the Site which may require You to become a registered user. In order to become a registered user you must create a username and password, and provide TXBMS with Your first name, last name and email address. Other Services available on the Site may require You to input solely an email address in order to receive the benefits of those Services.
Certain Services available on the Site may allow You to distribute materials and information downloaded from the Site to third parties via the third party’s email address. You represent that You have the authority to provide the email addresses of those third parties, and that those third parties have agreed to receive such materials and information from TXBMS.
TXBMS collects and stores the email addresses and other information input into the Site, including but not limited to the email address You use to register for and/or access Services and the email addresses of any third parties designated by You to receive materials or information from the Site. TXBMS may circulate notices, news alerts, materials, updates or any other information to those email addresses in the future. You hereby grant TXBMS permission to distribute any notices, news alerts, materials, updates or any other information to those email addresses.
The Information You provide as part of becoming a registered user is protected by the username and password You create. You can help prevent the unauthorized disclosure of Information by choosing and protecting Your password appropriately. This includes not sharing Your password with others, and choosing a “strong” password that includes at least 8 characters comprising at least one capital letter, one number and one non-alphanumeric symbol. You can also help prevent unauthorized disclosure by preventing others from using Your computer and/or password, and by completely signing off and closing Your browser after accessing the Site.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of TXBMS or its content suppliers and is protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for your own personal use or in connection with any business relationship between yourself and TXBMS and such materials may be downloaded to your own hard disk or sent to a printer solely for that purpose. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of these pages without the express written permission of TXBMS. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of TXBMS. All rights are hereby reserved.
All information and content included on the Site is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TXBMS strives to provide accurate and up-to-date material on the Site. However, TXBMS makes no warranties or representations as to the accuracy or timeliness of the material provided through the Site. TXBMS assumes no liability or responsibility for any errors or omissions on the Site.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site.
For your convenience, TXBMS may provide links to websites belonging to other companies, including affiliates of TXBMS. Those websites are not under the control of TXBMS and TXBMS does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that TXBMS has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present on those sites. Please refer to these third party websites for their terms and conditions and other policies.
TXBMS is not providing investment advice through the Site, and the material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of TXBMS or any of its affiliates. If you decide to use any material available on the Site in assessing whether to buy or sell securities of TXBMS, please be aware that the material on the Site reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance. See “Forward-Looking Statements” below.
The Site may contain statements that constitute forward-looking statements as such term is defined in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Forward-looking statements are not guarantees of performance. They represent our intentions, plans, expectations and beliefs and are subject to numerous assumptions, risks and uncertainties. Our future results, financial condition and business may differ materially from those expressed in these forward-looking statements. You can find many of these statements by looking for words such as “approximates,” “believes,” “expects,” “anticipates,” “estimates,” “intends,” “plans,” “would,” “may” or other similar expressions. We also note the following forward-looking statements: in the case of our development and redevelopment projects, the estimated completion date, estimated project cost and cost to complete; and estimates of future capital expenditures, dividends to common and preferred shareholders and operating partnership distributions. Many of the factors that will determine the outcome of these and our other forward-looking statements are beyond our ability to control or predict. For further discussion of factors that could materially affect the outcome of our forward-looking statements and our future results and financial condition, see “Item 1A. Risk Factors” of our most recent Annual Report on Form 10-K and in our most recent Quarterly Report on Form 10-Q.
Currently, one of the most significant factors is the ongoing adverse effect of the COVID-19 pandemic on our business, financial condition, results of operations, cash flows, operating performance and the effect it has had and may continue to have on our tenants, the global, national, regional and local economies and financial markets and the real estate market in general. The extent of the impact of the COVID-19 pandemic will depend on future developments, including the duration of the pandemic, which are highly uncertain but that impact could be material. Moreover, you are cautioned that the COVID-19 pandemic will heighten many of the risks identified in "Item 1A. Risk Factors" in our most recent Annual Report on Form 10-K and in our most recent Quarterly Report on Form 10-Q.
For these statements, we claim the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. You are cautioned not to place undue reliance on our forward-looking statements, which speak only as of the date such statements were made. All subsequent written and oral forward-looking statements attributable to us or any person acting on our behalf are expressly qualified in their entirety by the cautionary statements contained or referred to in this section. We do not undertake any obligation to release publicly any revisions to our forward-looking statements to reflect events or circumstances occurring after the date of such forward-looking statements. You should, however, review the factors and risks we describe in the reports we file from time to time with the SEC.
Each user of the Site agrees to indemnify and hold harmless TXBMS, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site and the content herein.
NEITHER TXBMS, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TXBMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Ill) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENTS.
Acceptance. If You do not accept all of the terms and conditions set forth in these Terms and Conditions, You may not access or use the Site.
Assignment. You may not assign any of Your rights or obligations under these Terms and Conditions without TXBMS’s express prior written consent. TXBMS may assign its rights or assign or delegate any of its obligations under these Terms and Conditions without restriction.
Enforceability, Waiver and Severability. If any provision of these Terms and Conditions is found illegal or unenforceable, the Terms and Conditions will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms and Conditions will not be affected. No delay or failure by TXBMS to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. Each provision of these Terms and Conditions shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Export and International Use. The Site is controlled and offered by TXBMS from its facilities in the United States of America. TXBMS makes no representations that the TXBMS Site is appropriate or available for use in other locations. Those who access or use the TXBMS Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Good Faith. You agree to act in good faith with respect to each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction and Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that: the Site shall be deemed to be solely based in the State of New York; the Site shall be deemed a passive website that does not give rise to personal jurisdiction over TXBMS, either specific or general, in jurisdictions other than the State of New York; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect the terms hereof.
Notices. Any notices to TXBMS required to be given in writing under these Terms and Conditions shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: TXBMS, 210 Route 4 East, Paramus, NJ 07652.
Survival. All terms of these Terms and Conditions which by their nature extend beyond the termination of the Terms and Conditions shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.