Thank you for visiting Broward Mall, a Pacific Retail Capital Partners, Inc. (“we”, “us”, or “our”) web site (the “Site”). Your use of this Site is governed at all times by the following Terms of Use, as they may be amended from time to time (the “Agreement”). ANY USE BY YOU OF THE SITE WILL EVIDENCE YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, WHICH IS A LEGAL CONTRACT BETWEEN YOU AND US. ACCORDINGLY, YOU SHOULD NOT USE THE SITE IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
1. Your Adoption of This Agreement
2. Agreement to Conduct Transactions Electronically
3. License to Use the Site; Restrictions – Intellectual Property and Trademarks.
4. Changes to Terms of Use
5. Privacy
6. No Payment for Submission of Comments, Ideas, and Other Information
7. Links to Third-Party Web Sites
8. NO WARRANTIES; AS IS
9. NO INCIDENTAL, CONSEQUENTIAL, OR OTHER SPECIAL DAMAGES
10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
11. Your Representations and Warranties
12. Severability; No Waiver; Entire Agreement
1. Your Adoption of This Agreement.
YOU INDICATE YOUR CONSENT TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU DO ANY OF THE FOLLOWING: USE THE SITE, REGISTER WITH THE SITE (IF REGISTRATION IS OFFERED), SUBSCRIBE TO ANY SERVICES ON THE SITE, OR CLICK ON A BUTTON AFTER BEING INFORMED THAT CLICKING WILL EVIDENCE CONSENT TO THIS AGREEMENT. As used in this Agreement, “you” are the person using the Site or the person described in the registration form.
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2. Agreement to Conduct Transactions Electronically.
You agree that all of your transactions, if any, with or through the Site may, at our option, be conducted electronically. You further agree that we may determine (from time to time) to provide all or any part of our services non-electronically, and that those services will still be governed by this Agreement unless you enter into a different agreement on a form provided by us. You agree that we may communicate with you through electronic (“email”) messages, and if you forget or lose your password, you agree that we may send it to you by email. If you do not wish to have your transactions with or through the Site conducted electronically, you should not enter into this Agreement and you should cease all use of the Site.
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3. License to Use the Site; Restrictions – Intellectual Property and Trademarks.
We hereby grant you a non-exclusive, revocable license to use the Site in accordance with this Agreement; we reserve the right to suspend or revoke this license in our sole discretion without notice. You may download and print Content to your personal computing device solely for your own personal non-commercial use. All Content is the property of Pacific Retail Capital Partners, Inc. or its Content suppliers. In addition, all trademarks and intellectual property are also the property Pacific Retail Capital Partners, Inc. or its Content suppliers and any use, misuse or copying of any trademarks or intellectual property is prohibited without the express authorization of Pacific Retail Capital Partners, Inc. “Content” means any data accessible on the Site, including without limitation text, images, video, graphics, audio files, software, and any combination thereof. You may not otherwise use, reproduce, alter, or modify Content in any way, nor may you transmit, distribute, or display Content to third parties. We recommend that you download and print this Agreement for your records.
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4. Changes to Terms of Use.
The terms of this Agreement may change from time to time. When you visit the Site, you are bound by the version of this Agreement that is in effect at the time of your visit. We may provide notice of such changes by posting them in the Amendments to Terms of Use section of our Site, and you agree to check for such amendments. We may also, or instead, give notice of amendments by sending email to the email address you provided us during registration.
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5. Privacy
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on the “Privacy Policy” link). The policy explains how certain information about you may be used.
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6. No Payment for Submission of Comments, Ideas, and Other Information.
You grant us a royalty-free, irrevocable, unrestricted, nonexclusive worldwide license for all possible rights and all possible media now known or later developed, to use, modify, copy, sublicense, or display any submissions that you provide to us, including but not limited to feedback or ideas regarding the Site, Content, comments, suggestions, ideas, concepts, or other information (collectively, “Submissions”) for any purpose, commercial or otherwise, without compensation to you, subject to the terms of our Privacy Policy. Except as expressly provided in this Section 8, submissions shall not be subject to any obligation on our part, including without limitation any obligation of confidentiality, and we shall not be liable for any use or disclosure (including publication in any medium) of any Submissions.
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7. Links to Third-Party Web Sites.
As a convenience to you, the Site may provide links to other Internet web sites that are not under our control (“Third-party Websites”). The products and/or services offered by such Third-party Websites are sold by the relevant third party and not by us, and such third parties shall be solely responsible for fulfillment of any and all transactions involving products and services which may be offered on the Third-party Websites. Your visit to Third-party Websites is subject to the terms and conditions of such Third-party Websites, and not to the terms and conditions of this Site. Any links on the Site to Third-party Websites do not imply an endorsement or warranty of such sites by us of any kind. Third-party Websites are not authorized to make any representation or warranty on our behalf. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, INCLUDING WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, REGARDING ANY THIRD-PARTY WEBSITES AND REGARDING ANY PRODUCTS OR SERVICES WHICH MAY BE OFFERED ON ANY THIRD-PARTY WEBSITES.
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8. NO WARRANTIES; AS IS.
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS”, AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SITE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR ANY CONTENT OR SERVICES PROVIDED ON THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR OUR EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE DO NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES, OR OTHERWISE.
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9. NO INCIDENTAL, CONSEQUENTIAL, OR OTHER SPECIAL DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE.
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10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
To the fullest extent permitted by law, you agree that your sole remedy for any breach of this Agreement will be the substitution or replacement of all or part of the Site that gives rise to damages incurred by you. You agree that this limitation of liability will apply even if any remedy fails of its essential purpose. In the event a court of competent jurisdiction determines that we are liable for damages of any kind, you agree that such damages shall not exceed Five Hundred Dollars (US$500).
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11. Your Representations and Warranties.
You represent and warrant that you possess the legal right and ability to enter into this Agreement on your own behalf or on behalf of any person for whom you are acting as agent, that you are authorized to use the password required for this Site, and that all information that you submit to us is true, accurate and current. Further, you agree to defend, indemnify, and hold Pacific Retail Capital Partners, Inc., and its affiliates, parents and subsidiaries harmless against all losses, claims, damages, and expenses, arising out of or relating to your breach of this Agreement or your violation of any laws or the rights of third parties.
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12. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. This Agreement, including any notices and disclosures on the Site, constitutes the entire agreement between you and us.
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