WEBSITE TERMS AND CONDITIONS OF USE

Last Updated: November 2025

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These Website Terms and Conditions of Use (“Terms”) govern your access to and use of the website at www.citypointbrooklyn.com and all sub-domains thereof (“the Site”). The Site is operated by Albee Development LLC (referred to as “we”, “our” or “us”).

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This Site is not offered or intended for use by anyone who is under 18 years of age.

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THESE TERMS CONTAIN A CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS.

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1. Updates and Revisions

 

The information and functionality on this website is subject to change without notice. We may, at any time and from time to time, amend the provisions of these Terms and the content of this website. You hereby acknowledge and agree that you will be bound by such updates and revisions regardless of whether you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current provisions. Your continued use of the Site on or after the Last Updated date constitutes your acceptance of and agreement to the Terms.

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2. Property Information

 

The Site contains information about restaurants, merchants, vendors, and events at CityPoint. Although we periodically update such information, no warranty is made regarding the accuracy or completeness of such information. We expressly disclaim all liability for any reliance on information posted on the Site or linked from the Site.

 

The Site also may contain descriptions of the goods or services offered by and links to those third parties’ websites. Any links to third-party sites and any reference on the Site to products, services, or information from third parties, including tenants at CityPoint, does not constitute or imply any endorsement, approval, sponsorship or recommendation by us concerning the third party or its products or services. We do not control and are not responsible for the quality of goods or services offered or provided by any such third parties.

 

3. Privacy

 

Information we collect about you or that you submit to us via the Site is governed by our Privacy Policy . Please review our Privacy Policy to understand our practices. Your use of the Site constitutes your agreement and consent to our handling of your personal data in accordance with the Privacy Policy. 

 

4. Intellectual Property

 

The Site and its contents are copyrighted by us and/or our partners, licensors and suppliers. No portion of the website may be copied or transmitted, in whole or in part, for any purpose, except that you may print or download one copy of the material on a computer or device for your own reference.

 

CityPoint names and logos, trademarks, service marks, and logos appearing on this Site, unless otherwise noted, are our property or the property of our partners and/or licensors and suppliers. You are not authorized to display or use CityPoint name, logos, trademarks, or other materials in any manner without prior written permission. 

 

All other trademarks, product names, company names, logos, service marks and/or trade dress appearing on the Site are the property of their respective owners. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners on the Site without the prior written permission of such owners. 

 

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us.

 

5. Copyright Infringement

 

We respect the intellectual property of others. If you believe that any material on the Site infringes a copyright you own or control, please notify us in writing signed by the copyright owner or a person authorized to act on behalf of the copyright owner and include the following information: identification of the copyrighted work that you claim has been infringed; where the material that you claim is infringing is located on the website; your address, telephone number, and e-mail address; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement that the information provided in the notice is accurate; and a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf. You may send such notice to our copyright agent via mail as follows:

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Albee Development LLC

c/o Acadia Realty Trust
Attention: General Counsel 

411 Theodore Fremd Ave, Ste 300
Rye, NY 10580

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6. Unsolicited Submissions 

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Please do not send us any confidential or proprietary information through the Site or through any e-mail address listed on the Site. We do not accept or consider any creative ideas, suggestions, or materials from the public (“Submissions”), therefore, you should not make any Submissions to us. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become our property upon submission to us and we will own all rights, title, and interest therein. We will be free to use any Submissions for any purpose whatsoever without acknowledge or compensation to the person who provided such Submissions.

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7. Prohibited Conduct in Connection with the Site

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You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your internet browser for display enhancement purposes; and, if we provide social media features with certain content, you may take such actions as are enabled by such features. 

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You shall not access or use the Site to:

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• Attempt to impersonate us or CityPoint, or any another person or entity.

• Defraud or mislead us or others.

• Launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or otherwise engages in data gathering, except to the extent necessary in connection with standard search engine use.

• Use the Site as part of any effort to compete with us or otherwise use the Site or any content on the Site for any commercial enterprise or revenue-generating endeavor without our express written permission to do so.

• Engage in unauthorized framing of or linking to the Site.

• Use any information obtained from the Site in order to harass, abuse, intimidate, threaten or harm another person.

• Delete the copyright or other proprietary rights notice from any content on the Site.

• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that: (i) prevent or restrict the use or copying of any content; (ii) enforce limitations on the use of the Site and/or the content contained therein; or (iii) prevent or restrict access to any portion of the Site.

• Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

• Use the Site in a manner inconsistent with any applicable laws or regulations.

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8. Security

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Although we use reasonable measures to ensure the Site is secure and does not contain malicious code or other malware, all users are advised to take precautions for their own security and that of their devices. Information transmitted over the internet can never be guaranteed to be 100% secure. We shall have no responsibility or liability for the security of information you provide via the Site. 

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9. Disclaimer of Warranties

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THE INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING ANY PROPERTY INFORMATION, IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. WE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INFORMATION ACCESSED FROM OR VIA THE SITE, AND ANY OTHER LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, ACCESSIBILITY, ACCURACY, COMPLETENESS, NON-INTERRUPTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION PROVIDED BY US, OUR EMPLOYEES OR OUR AGENTS ON OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY WHATSOEVER.

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10. Limitation of Liability

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IN NO EVENT SHALL WE, OUR AFFILIATES, AS WELL AS OUR AND THEIR RESPECTIVE MEMBERS, MANAGERS, AGENTS, OFFICERS, EMPLOYEES OR LEGAL REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM ANY USE OF THIS WEBSITE OR ANY OTHER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DEVICE OR OTHERWISE, EVEN IF WE OR ANY OTHER PERSON OR ENTITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL ACTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES RESULTING FROM MALWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR ANY OTHER LINKED WEBSITES OR THE INTERNET GENERALLY OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE OR ANY OTHER LINKED WEBSITES OR THE INTERNET GENERALLY.

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11. Indemnification 

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You agree to defend, indemnify, and hold harmless Albee Development LLC and its affiliates, as well as its and their respective licensors, service providers, officers, partners, directors, employees, contractors, agents, successors, trustees, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content and services, other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

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12. Governing Law and Venue

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CityPoint is a shopping and entertainment venue located in Brooklyn, New York. Your use of this website and any disputes relating to this website shall be governed by the laws of the state of New York without regard to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the federal and state courts in New York for all disputes relating to this website, and waive any objection to the use of such courts as the venue for any such dispute.

 

13. Class Action Waiver

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IN ANY DISPUTE ARISING FROM OR RELATING TO THE SITE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

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14. Entire Agreement 

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These Terms are the final, integrated agreement between you and us with respect to you access to and use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.