Acceptance of Terms
For convenience when you return and use our Website, we may provide you with the ability to create and use a username, password, profile and/or account and we will refer to all of these individually and collectively as your “ID.” You are entirely responsible for maintaining the confidentiality of your ID and for all activities, transactions and use of our Website under your ID. If you are sharing a computer with anyone, we suggest you don’t enable your browser to ‘remember’ or store your ID information and you should log out before leaving our Website in order to prevent others from gaining access to your ID.
We make our Website available to provide you with information about the shopping centers owned by us and the Website may include information, links, text, images, and other materials regarding offers, sales, purchases, coupons, giveaways, advertisements, promotions, pricing or other promotions, features, services and transactions (hereinafter, “Content”). Because the Website may contain inaccuracies or typographical errors and may not always be updated to reflect current information, whether the Content has been provided by us or by third parties (e.g., merchants and retailers), you should not rely on the Content on our Website and if you do, it is at your sole and exclusive risk, and we are not liable or responsible if you do.
The posting, distribution or publication of a third party’s Content on the Website does not constitute or imply an endorsement, recommendation, advice, opinion or comment by us, nor does it constitute any assurance of legality, quality or safety by us – we do not monitor, evaluate, review or control any third party Content. Because the actual details of offers or promotions that appear in-store may vary from the Content posted on the Website, you should always call or visit the applicable merchant’s website in advance to confirm.
You acknowledge and agree that any aspect of the Website may be changed, supplemented, deleted, updated without notice at our sole discretion.
The Contents of the Website are protected, among other things, by copyright under United States and foreign laws and treaties. Unauthorized use of the Contents may violate copyright, trademark, and other laws and subject you to civil and/or criminal prosecution. The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by us and other third parties. No license or right to use any Marks is granted to you, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner. All rights not explicitly granted herein are reserved.
Restrictions on Use of the Website
You agree not to engage in any of the following activities, behavior or conduct: deletion or alteration of any Content; any action that imposes an unreasonable or disproportionately large load on the Website infrastructure; the use of any data mining, robots, spiders, scraping or other automated processes, means or methods for the purposes of monitoring, copying, or data gathering or extraction; and/or the use of any directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, including without limitation through viruses, Trojan horses, worms, time bombs, or ransom ware. and you agree not to impede or interfere with the use of the Website by others.
Disclaimer of Warranty
The Website and Content are provided on an ‘as is’ and ‘As available’ basis without any representations or warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including the warranty of merchantability, title, non-infringement and any warranty of fitness for a particular purpose, and we make no representation or warranty about the accuracy, reliability, completeness, intent, usefulness or timeliness of the Website and/or the Content.
For the avoidance of doubt, we make no representation or warranty that: (i) the Website will meet your requirements or that its operation or your use will be uninterrupted, available, timely, secure or error-free; (ii) the quality of the Content will meet your expectations; (iii) any errors in the Website will be corrected; or (iv) any of the Content is appropriate or may be downloaded outside of the United States. If your use of our Website or any Content results in the need for service to, or replacement of, equipment or data, we are neither responsible, nor liable for those costs. Your use of and any reliance upon the Website are at your own risk.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER WE, NOR ANY CONTENT PROVIDERS, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, ADVISERS, BENEFICIAL OWNERS, CONTRACTORS, SUPPLIERS, LICENSORS AND AGENTS, ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND EVEN IF WE OR ANY OTHER HAS BEEN ADVISED OF THE POSSIBILITY OF INJURY, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY DISRUPTION OF THE WEBSITE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS. “DISRUPTION” INCLUDES, BUT IS NOT LIMITED TO, DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER DEVICE, PROGRAM, INFORMATION OR DATA ACCESSIBLE VIA THE WEBSITE. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE AND DISCONTINUE YOUR USE OF OUR WEBSITE. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnity and Release
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