By accessing, browsing, searching, downloading from or using
this site, you are agreeing to comply with and be bound by the following Terms
. Please review the following Terms carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Forest City Enterprises, Inc. or any of it subsidiaries or affiliates (collectively, "FCE"). FCE reserves the right to change or modify these Terms at any time and in its sole discretion. Any changes or
modifications will be effective upon the posting of the revisions on the site. If you do not agree to these site terms or any subsequent modification, do not access, search, download from, browse or otherwise use this site. Your use of this site will be deemed your conclusive acceptance of these terms.
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. FCE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FCE, ITS 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 FCE DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OF FCE 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 FCE HAS TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, FCE 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 FCE, 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 INFORMATI ON 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 FCE 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.
User Representations and Warranties
By using this site, you are representing to FCE 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.
All content included on this site, such as text, graphics, design, data compilation, name, logos, images, audio clips, database information selection, digital downloads and all other matters related to this site, are the property of FCE and may be protected by copyright laws or other proprietary rights.
You acknowledge that you are expressly prohibited from transferring, assigning, leasing, distributing, renting, lending, publishing or making available all or any portion of this site by whatever means to any other person or entity.
This site may contain links to third party sites. Since these links may be to independent outside sources, FCE is not responsible for their content, products, services and/or promotions. FCE does not monitor or control the linked third party sites and makes no representations regarding them. If you choose to access any third party sites, you do so at your own risk. Any links available do not constitute or imply an endorsement, sponsorship, or recommendation by FCE.
Modification of Site
FCE will periodically edit, delete or modify the information, services and resources contained in this site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. FCE encourages you to visit this site frequently to stay informed.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from this site grants you only a limited, non-exclusive license for use solely by you for your own personal or non-commercial 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 FCE or attempt to do so; (c) upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of FCE (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 license granted by these Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
All comments, reviews, feedback, ideas, suggestions, and other submissions submitted to FCE on the site (collectively, "Feedback") shall become FCE property. FCE shall have no obligation with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, dispose, transform, create derivative works and distribute the Feedback to others without limitation. FCE shall be free to (without charge or liability, whatsoever) use any ideas, concepts, suggestions, know-how or techniques contained in Feedback for any
Information and Press Releases
The site may contain information and press releases about FCE. While this information was believed to be accurate as of the date prepared, FCE disclaims any duty or obligation to update this information or any press release. Information about companies other than FCE contained in any press release or otherwise, should not be relied upon as being provided or endorsed by FCE. FCE does not assume any duty of disclosure beyond that which is required by law.
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 FCE’s Securities and Exchange Commission filings, including, but not limited to FCE’s annual and quarterly reports on Forms 10-K and 10-Q. FCE assumes no liability or responsibility to publicly update or revise any forward-looking statements.
You agree to defend, indemnify, and hold harmless FCE, its officers, directors, employees
and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the site and any material contained therein by you or by your
breach of the terms of this agreement.
This agreement shall be treated as though it were executed and performed in Ohio, and shall be governed by and construed in accordance with 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. All legal proceedings arising out of or in connection with this agreement shall be brought solely in the courts located in Cuyahoga County, Ohio. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
- Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
- To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms, this agreement shall take precedence.
- The failure of FCE to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- This site can be accessed from countries around the world other than the United States. FCE makes no representation that the content on this site is appropriate or available for use in other locations, and accessing this web 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.
- The language in these Terms shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.