UDR, Inc. Privacy Policy

Last revised: March 20, 2002

 

UDR, Inc. ("UDR, Inc.," "we," "us,") shares your concerns about the protection of your personal information online. This Privacy Policy (the "Policy") describes our practices regarding the privacy of information that we collect through our Internet websites, located at www.udr.com and www.udr-communities.com (collectively, the "Site"). By using the Site, you signify that you agree to the terms and conditions of this Policy. If you do not agree to this Policy, please do not use the Site.

 

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What Information Does UDR, Inc. Collect?

 

UDR, Inc. collects two types of data about visitors to the Site ("Visitors"): (a) "Personally Identifiable Information"--that is, information from which an individual can be identified, such as an individual's full name, email address, home address, and telephone number?that individual Visitors provide when using certain of the Site's features; and (b) "Tracking Data", which is automatically collected from every Visitor. Our collection of Personally Identifiable Information and Tracking Data is described in more detail below.

 

Personally Identifiable Information. You do not have to provide Personally Identifiable Information to use the Site. However, your use of particular services made available through the Site may require us to collect Personally Identifiable Information from you. We collect such Personally Identifiable Information only when you affirmatively provide it to us?for example, when completing forms online, such as those forms available through our "Contact Community" feature, or when answering surveys. You may be asked to provide your contact information (such as your name, postal address, telephone numbers, and/or email address), financial information (such as income level and credit card number), and demographic information (such as your age or Zip code) in connection with your use of such services. Remember that no Personally Identifiable Information is actually submitted through the Site until you click the "SUBMIT" or similar button on the form into which you have entered such information.

 

The Site offers you the opportunity to email web pages from the Site to any email address of your choice. To offer you this feature, we need to ask you for both your email address, and the email address of the person to whom you wish to send the applicable page. We do not store this information or use it for any purpose other than to email the web page to its intended recipient.

 

If you contact us by email through the Site, we may keep a record of your contact information and correspondence, and reserve the right to use your email address, and any information you provide in your message, to respond thereto.

 

Tracking Data. Tracking Data consists of information we collect automatically from each Visitor?such as browser type, operating system, Internet service provider, IP address, and referring page or site. Tracking Data is not associated with an individual in a personally-identifiable manner. Tracking Data may include information such as the total number of your Site or page visits and the average time you spend on a page or area of the Site. Collecting Tracking Data is a standard practice on the Internet and is done automatically by many websites.

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How Does UDR, Inc. Use the Information It Collects?

 

Disclosure to Communities. Some of the most important of the Site's features require us to share your Personally Identifiable Information with "Communities"--that is, third party real estate properties about which information is provided on the Site. When you provide Personally Identifiable Information through the Site as part of a "Contact Community" or similar form, we will share your Personally Identifiable Information with those Communities with which you have authorized us to share such information. By entering your Personally Identifiable Information in this context and clicking the "SUBMIT" or similar button, you are authorizing us to share your Personally Identifiable Information, as well as the identity of the last promotional item you viewed on the Site, in this manner. These Communities may use the information you have authorized us to share to contact you about properties that are available or other matters. We may also email you to indicate that your information has been forwarded to such Communities. Please be advised that we do not monitor or control Communities' use or disclosure of your Personally Identifiable Information.

 

When you provide Personally Identifiable Information through the Site as part of a "Lease Online" form, that Personally Identifiable Information is not stored on or transmitted through UDR, Inc.'s servers. Rather, UDR, Inc. has contracted with a third party service provider to capture such information, encrypt it, and transmit it to the Communities of your choice. By entering your Personally Identifiable Information in this context and clicking the "SUBMIT" or similar button, you are authorizing the sharing of your Personally Identifiable Information in this manner. As with the "Contact Community" service described above, these Communities may use the information you submit to contact you.

 

Except as otherwise set forth in this Privacy Policy, we do not currently share your Personally Identifiable Information with third parties other than Communities.

 

Disclosure to Service Providers. UDR, Inc. works with third parties who provide services that may include, but are not necessarily limited to, website hosting, data analysis, email services, and other services of an administrative or technical nature. UDR, Inc. reserves the right to share Personally Identifiable Information with such third parties for the purpose of providing such services.

 

Disclosure of Tracking Data. UDR, Inc. uses Tracking Data to create aggregate reports on Visitor demographics, Site traffic patterns and user behavior, and may provide these reports to advertisers and other third parties. None of the foregoing information that we may provide to such advertisers or third parties is personally identifiable?that is, can be connected by such advertisers or third parties to the Personally Identifiable Information supplied to UDR, Inc. by individual Visitors.

 

Use of Email Addresses In Sending Notices Regarding the Site and Our Policies. From time to time, in our sole discretion, we may email information regarding the use of the Site or its services, or changes to our Terms of Service or this Policy, to Visitors who have provided us with their respective email addresses?whether through a specific Site service, an email link, or otherwise. Visitors may not "opt out" of receiving these emails.

 

Other Disclosures. Finally?and notwithstanding any other provision of this Privacy Policy?UDR, Inc. reserves the right to disclose Personally Identifiable Information about our Visitors or other users to third parties under any of the following circumstances: when we believe in good faith that the law permits it (for example, in response to a court order or a subpoena); to our legal advisors; to enforce our Terms of Service; to protect the rights, property, safety or security of UDR, Inc., our Visitors, or the public; or to respond to an emergency.

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Other Important Notes Regarding Privacy.

 

Security. UDR, Inc. has security measures in place to protect against the loss, misuse, and alteration of that Visitor information which is under our control. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. As a result of the foregoing, while we strive to protect your Personally Identifiable Information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and UDR, Inc.'s servers, or any information provided to us or to any third party through or in connection with the Site, and you provide all such information at your own risk.

 

Correcting Your Information. Visitors may correct or update their Personally Identifiable Information at any time by emailing us at webmaster@udr.com. Furthermore, upon your request, we will make reasonable efforts to remove your Personally Identifiable Information from our active databases. To make this request, email us at webmaster@udr.com. Such information will be corrected or deactivated as soon as reasonably possible. Please note that we may need to retain certain information for record-keeping purposes, and there may also be residual information that will remain within our databases and other records. We reserve the right, from time to time, to re-contact former Visitors to the Site. Please note: we are not responsible for retracting Personally Identifiable Information from third-party lists or from entities with which we have shared your information pursuant to the terms and conditions of this Policy.

 

Third Party Sites and Services. Third parties may collect information about you, through cookies (small data files containing information that is written to a user's hard drive by a web server) or other technologies, when you link to their websites from the Site. In addition, your Internet or other service provider(s) may collect information about or submitted by you while you use the Site or other websites on the Internet. You acknowledge that we do not monitor or control the websites or information collection or privacy practices of these or any other third parties, and are not responsible for their practices or the content of their websites or services. We provide links on the Site to third party sites only as a convenience, and the inclusion of a link on our Site does not imply our endorsement of the linked site. You should review the privacy policies of such third parties to understand how they collect and use information.

 

Banner Advertisements. UDR, Inc. does not currently use any outside advertising company ("Advertiser") to serve banner or other advertisements on the Site. However, UDR, Inc. reserves the right to use an Advertiser to serve such advertisements in the future. If so, please be advised that such Advertisers may place cookies in your browser's cookie file, which would enable such Advertisers to record which ads your browser has seen, and which Site pages you may have been viewing when the ads were delivered. Such cookies would only be able to be viewed by the applicable Advertiser(s), and not by UDR, Inc..

 

Specific Exclusions. This Privacy Policy does not restrict or prohibit UDR, Inc.'s use or disclosure of public information or of information that was not provided by Visitors themselves to UDR, Inc.. Furthermore, UDR, Inc. reserves the right to transfer any and all information that we collect from Visitors, or that we otherwise collect concerning the Site, to a third party in the event that we sell or transfer substantially all of our assets related to the Site to such third party.

 

Changes to This Policy. You will always be able to determine when this Policy was last revised by checking the "Last revised" legend at the top of the Policy. We reserve the right to make changes to this Policy from time to time, which we may provide to you by any reasonable means including, but not limited to, posting the revised draft of the Policy on the Site. Your continued use of the Site following changes to the Policy will signify your acceptance of the changes.

 

Online vs. Offline Practices. Please note that this Privacy Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline.

 

Questions. If you have any questions regarding UDR, Inc.'s Privacy Policy, please email us at webmaster@udr.com.

 

UDR, Inc. Terms of Service

Last revised: March 20, 2002

 

  1. Acceptance of Terms. This website is provided by UDR, Inc. Realty Trust, Inc. ("UDR, Inc.," "we," "us,") subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time in our sole discretion. UDR, Inc. reserves the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine when this Agreement was last revised by checking the "Last revised" legend at the top of the Agreement.

This Agreement applies to the following websites: www.udr.com and www.udr-communities.com. (collectively, the "Site"). In addition, when using particular service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such service(s). All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE UDR, Inc. TERMS OF SERVICE THEN IN EFFECT.

 

The Site may not be available at all times or in all areas. UDR, Inc. may deny service to you at any time and in its sole discretion, including, without limitation, in the event you do not adhere to the Rules of Conduct set forth below. UDR, Inc. reserves the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; (c) modify and/or waive any fees charged in connection with the Site; and/or (d) offer incentives or other promotional opportunities to some or all users of the Site. You agree that UDR, Inc. and its parents, subsidiaries, and affiliated companies (the "Affiliated Companies") shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after ANY such changes will indicate your acceptance of such changes.

 

Any questions about the meaning or application of this Agreement should be directed to webmaster@udr.com. 

  1. Description of the Content and Services. UDR, Inc. provides users of the site with access to certain content concerning UDR, Inc. and other real estate properties (such properties, collectively, the "Communities"), including descriptions, contact information, searchable databases, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact Communities or other third parties, send web pages to third parties, and other features and services (all of the foregoing, collectively with the Content, the "Services"). All new features made available through the Site that were not made available as of the "Last Revised" date above, shall automatically become subject to this Agreement.

 

  1. Information Submitted Through or In Connection With the Site. All submissions of information through or in connection with the Site are governed by our Privacy Policy, which is hereby incorporated into this Agreement by this reference. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, to maintain the truthfulness, accuracy, and completeness of such information, and to update it promptly in the event of any change. You agree that if any information you provide is false, inaccurate, incomplete, or not current, we may terminate your use of the Site and/or the Services. Neither UDR, Inc. nor its Affiliated Companies are liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.

 

  1. Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, UDR, Inc. expects users of the Site to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You will not:

 

    • Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
    • Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
    • Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
    • Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent.
    • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
    • Impersonate any person or entity, including, but not limited to, any UDR, Inc. agent or representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
    • Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
    • Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
    • Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
    • Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
    • Sell, license, or exploit for any commercial purposes any use of or access to the Services or Site.
    • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Services, or Site.
    • Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Services, or Site.
    • Frame or mirror any part of the Site without UDR, Inc.'s prior express written authorization.
    • Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
    • Create a database by systematically downloading and storing all or any of the Content from the Site.

 

  1. UDR, Inc.'s Proprietary Rights. You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Services, are and shall remain the property of UDR, Inc. and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by UDR, Inc., you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through the Site.

Trade names, trademarks and service marks of UDR, Inc. include without limitation: UDR, Inc. REALTY TRUST, UDR, Inc., and UDR, Inc. RESIDENTIAL COMMUNITIES, and any associated logos. All trademarks and service marks on the Site not owned by UDR, Inc. are the property of their respective owners. The trade names, trademarks, and service marks owned by UDR, Inc., whether registered or unregistered, may not be used in connection with any product or service that is not UDR, Inc.'s, in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of UDR, Inc.'s trade names, trademarks, or service marks without the prior express written permission of UDR, Inc..

  1. Limitations of Liability and Disclaimer of Warranties. UDR, Inc. is a distributor only, and not a publisher, of Content and Services. UDR, Inc. and its Affiliated Companies have no control over, and shall have no legal liability for, any damages resulting from: (a) the use (including but not limited to republication) or misuse by any third party of information voluntarily made public by a user through Site; or (b) any disclosure of your information in accordance with the terms of this Agreement and/or our Privacy Policy.

THE SITE AND SERVICES, AND ANY OTHER SERVICES YOU MAY ACCESS THROUGH THE SITE, ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UDR, Inc. AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, AND ANY OTHER SERVICES YOU MAY ACCESS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UDR, Inc. AND ITS AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF UDR, Inc. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER UDR, Inc. NOR ITS AFFILIATED COMPANIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.

 

WITHOUT LIMITING THE FOREGOING, UDR, Inc. AND ITS AFFILIATED COMPANIES MAKE NO WARRANTY THAT: (A) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.

 

While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at webmaster@udr.com with a description of the material(s) at issue, and the location ("URL") where such material(s) appear.

  1. Links. The Site may provide links to other Internet websites and resources. Because UDR, Inc. has no control over such sites and resources, you acknowledge and agree that neither UDR, Inc. nor its Affiliated Companies are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without UDR, Inc.'s authorization. UDR, Inc. has no control over the sites that provide links to the Site, and you acknowledge and agree that UDR, Inc. and its Affiliated Companies do not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that UDR, Inc. and its Affiliated Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which UDR, Inc. provides links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. UDR, Inc. shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.

 

  1. Indemnity. You agree to defend, indemnify, and hold harmless UDR, Inc. and its Affiliated Companies, and their respective sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

 

  1. Dealings With Third-Party Providers of Goods and Services. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party advertisers or other third-party providers of goods or services found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that UDR, Inc. and its Affiliated Companies shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties' materials on the Site.

 

  1. Termination. You agree that UDR, Inc., in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if UDR, Inc. believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. Neither UDR, Inc. nor its Affiliated Companies shall be liable to you or any third party for any termination of your access to the Site or any part thereof.

 

  1. Jurisdictional Issues. The Site is controlled and operated by UDR, Inc. from its principal office in the Commonwealth of Virginia, U.S.A., and is not intended to subject UDR, Inc. to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America. UDR, Inc. does not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Services to (or to a national or resident of): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

 

  1. Investment Information. The information contained on the Site may not be current and should not be used or relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the stock of UDR, Inc. or for any related purpose. UDR, Inc. is a publicly held Virginia corporation and files quarterly and annual reports with the United States Securities and Exchange Commission in Washington, D.C. ("SEC"). Copies of the most recent reports and other filings of UDR, Inc. can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at no charge from UDR, Inc..

 

  1. Forward-Looking Statements. Statements in any news release of UDR, Inc., contained on the Site, or communicated orally or in writing that concern us or our management and that are not historical facts are "Forward-Looking Statements". Forward-Looking Statements include, without limitation, statements that: (a) include the words "believes," "expects," "anticipates," "estimates," or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices. Important factors and risks are described in the current UDR, Inc. annual report filed with the SEC, and may be detailed from time to time in additional reports and other filings of UDR, Inc. filed with the SEC. Copies of the most recent reports and other filings of UDR, Inc. can be accessed as set forth in Section 12 above. UDR, Inc. expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.

 

  1. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without UDR, Inc.'s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and UDR, Inc. relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and UDR, Inc.. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

  1. Filtering. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/  

and of America Links Up:

http://www.netparents.org/parentstips/browsers.html.

 

  1. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to webmaster@udr.com. You may also contact us by writing to Company Webmaster , UDR, Inc., 400 East Cary, Richmond, Virginia 23219-3816, or by calling us at (804) 780-2691. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

The Site and Services, and this Agreement, ©2002 - 2004 UDR, Inc. All rights reserved.

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