Disclaimer

TERMS OF USE

The following terms and conditions (“Terms of Use”) govern the relationship between you, RXR Realty and its subsidiaries (collectively, “RXR” or “we”). By using this web site you are agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use and our privacy policy. If these Terms of Use are not acceptable to you, please click on the “I Do Not Accept” button and do not use this web site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Your continued use of this web site will be deemed your conclusive acceptance of the updated Terms of Use.

Rights Granted and Restrictions on Use:

RXR grants to you a limited non-exclusive, non-transferable license to view, copy and print the material on this web site (other than the design or layout of this web site) for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that are on this web site. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, information, software or other material or content in these Terms of Use, referred to (collectively, as the “content”) of this web site without RXR’s prior written permission. You acknowledge and agree that this web site and its content are the property of RXR, its affiliates or their respective service providers, suppliers or licensors and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on this web site or in its content. This web site and its content are protected by copyright, both individually and as a collective work or compilation and by trade-mark law, patent law and any other applicable laws.

Your Authority to Use this Web Site:

By using this web site, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this web site and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this web site or its content, your sole and exclusive remedy is to stop using it.

Disclaimers:

The content on this site is for informational purposes only. RXR and each of its affiliates, licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained on this web site provided by any third party, including without limitation, the information obtained through any link, has been supplied without verification by us. Neither RXR nor any of its affiliates, licensors, service providers or suppliers makes or has made any recommendations regarding the securities or investment services of any person or entity with respect to the content of this web site, or of the advisability of investing in securities generally for any particular individual.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. RXR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. RXR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. RXR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEB SITE. RXR MAY MAKE ANY OTHER CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

No Damages:

RXR, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEB SITE (OR A WEB SITE LINKED TO THIS WEB SITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY RXR’S OR ITS AFFILIATE’S OR EITHER OF THEIR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Securities:

Neither RXR nor any of its affiliates, officers, directors, employees, agents or licensors : (a) has passed on the merit of any of the securities referred to on this web site or any linked site; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on or linked to this web site, nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.

INVESTOR RELATIONS AND RELATED MATTERS

Forward-looking information:

The statements contained in this web site that are not purely historical are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Act of 1934. These statements may be identified by their use of forward-looking terminology such as “believes,” “expects,” “may,” “should,” “would,” “will,” “intends,” “plans,” “estimates,” “anticipates,” and similar words. Such forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. Risks and uncertainties that could cause actual results to differ materially from such forward-looking statements include, but are not limited to the general economic climate, including the conditions affecting industries in which our principal tenants compete; financial condition of our tenants; changes in the supply of and demand for office properties in the New York Tri-State area; changes in interest rate levels; changes in the Company’s credit ratings; changes in the
Company’s cost of and access to capital; downturns in rental rate levels in our markets and our ability to lease or re-lease space in a timely manner at current or anticipated rental rate levels; the availability of financing to us or our tenants; changes in operating costs, including utility, real estate taxes, security and insurance costs; repayment of debt owed to the Company by third parties; risks associated with joint ventures; liability for uninsured losses or environmental matters; and other risks associated with the development and acquisition of properties, including risks that development may not be completed on schedule, that the tenants will not take occupancy or pay rent, or that development or operating costs may be greater than anticipated. The forward-looking statements contained in this web site are made as of the most-recent update of this web site and RXR Realty assumes no obligation to update the reasons why actual results
could differ materially from those projected in the forward-looking statements.

Investor Relations Information:

The information posted to the Investor Info section of this web site is maintained by RXR. All information posted to the Investor Info section of this web site was believed to be accurate at the time of posting, but may be superseded by subsequent disclosures made by RXR. RXR does not assume any duty of disclosure beyond that which is required by law. For RXR official investor disclosure documents, please see the RXR filings made with the Securities and Exchange Commission at www.edgar.com.

Advertising and Links:

RXR may, from time to time, accept advertising from certain entities and may receive a fee from their advertising on the RXR web site. No endorsement by RXR is intended or implied by the presence of such advertising. As a convenience to our visitors, the RXR web site currently contains links to a number of web sites. The privacy policies and procedures described here do not apply to those web sites. We suggest contacting these web sites directly for information on their data collection and distribution policies. Your linking to such web sites or pages is at your own risk. RXR is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. RXR provides these links merely as a convenience and the inclusion of such links does not imply that RXR endorses or accepts any responsibility for the content or uses of such web sites. Links do not imply that RXR or this web site is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol of RXR or any of its affiliates or subsidiaries.

Hyperlinks:

Unless you have a written agreement in effect with RXR which states otherwise, you may not provide a hypertext link to the RXR web site on another web site.

Non-Confidential Use of Your Postings:

Any non-personal communication, comments, ideas or material you post or transmit to RXR is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this web site you grant to RXR and all of its affiliates, an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post your communication for any purpose. You also agree that RXR is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you publicly grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a web site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Protecting Information:

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.

Changes to Terms of Use:

RXR reserves the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Violations of Terms of Use:

RXR reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our site.

Other Countries:

This web site can be accessed from countries around the world other than the United States and may contain references to RXR products, services, and programs that have not been announced in your country. These references do not imply that RXR intends to announce such products, services or programs in your country. RXR makes no representation that the content on this web site is appropriate or available for use in other locations, and accessing this web site from territories where its content is illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.

Laws:

This web site (excluding linked sites) is controlled by RXR from its offices within the state of New York, USA. By accessing this web site, you and RXR agree that all matters relating to your access to, or use of, this web site shall be governed by the statutes and laws of the state of New York or the federal laws of the United States of America, as applicable, without regard to the conflicts of laws principles thereof. You and RXR also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the state of New York or the federal courts of the United States of America, as applicable, with respect to any and all matters arising in connection with these Terms of Use.

How to Contact Us:

If you have submitted personal information through the RXR web site or interactive advertisement, and would like that information deleted from our records, please contact us at our email address [email protected]. We will use reasonable efforts to delete this information from our existing files.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. BY CLICKING THE “I ACCEPT” BUTTON, YOU WILL BE ENTERING INTO A LEGALLY BINDING CONTRACT EVEN IF YOU HAVE NOT READ THESE TERMS OF USE.