Rouse Properties Terms & Conditions
Agreement/Changes to Terms: By accessing or using this Site in any manner, you represent that you have read, understood, agree to be bound by, and accept these Terms. Accordingly, do not access this Site if you do not agree to these Terms. As long as you comply with these Terms, we grant you limited, non-exclusive, non-transferable permission to enter and use this Site. Any unauthorized use of this Site automatically terminates this permission. We may update, alter, or modify these Terms without prior notice. You are responsible for reviewing these Terms periodically for changes. By continuing to use this Site after we post changes to these Terms, you agree to be bound by these Terms as modified. Unless otherwise required by law, all changes to the Terms become effective immediately upon publication to the Site.
Trademark/Copyright Ownership: All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in this Site (individually and collectively, “Content”) are owned, controlled, or licensed by or to Rouse Properties. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”). You may not download, republish, distribute, prepare derivative works, or otherwise use the Content other than as expressly permitted. Users are authorized to print webpages from this Site for their personal, non-commercial use. Users may only copy, print, display, or redistribute Content or any portion of the Site for commercial purposes if they have been granted express, prior permission. Except as stated above, nothing contained herein shall be construed as a right to use, license, or sub-license any intellectual property presented on this Site; any commercial use of a trademark, logo, or the Content is prohibited without express authorization from the owner.
Restrictions/Termination: Without Rouse Properties’s prior written consent, you may not: (a) use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs); (b) frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; (c) engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information; (d) use any meta tags or any other “hidden text” utilizing Rouse Properties’s name, trademarks, or service marks; (e) use Rouse Properties’s logo or other proprietary graphic, trademark, or service mark as part of a link; or (f) use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. We may terminate your access to or use of this Site for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms. We may also modify or discontinue providing this Site or any part of this Site with or without notice. Rouse Properties will not be liable to you or to any third party for any termination of your access to or use of this Site or for any modification to or termination of this Site.
Disclaimers: WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIAL ON THIS SITE FOR ANY PURPOSE. ALL MATERIAL IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Rouse Properties AND ITS AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE
ALTHOUGH WE HAVE TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, WE DO NOT WARRANT THAT ANY SITE MATERIAL IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH ACTION. WE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED ON THE SITE AT ANY TIME. WE OPERATE THIS SITE FROM THE UNITED STATES OF AMERICA AND MAKE NO REPRESENTATION THAT THE CONTENT IS SUITABLE FOR USE IN OTHER LOCATIONS. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, Rouse Properties AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $100.00 (ONE-HUNDRED U.S. DOLLARS) OR (II) THE AMOUNT OF FEES THAT YOU PAID TO Rouse Properties FOR FOR USE OR ACCESS TO THIS SITE IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Indemnity: You agree to indemnify, defend, and hold Rouse Properties and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of this Site and the products and services available on the Site, (c) any materials that you upload, submit, or otherwise transmit through this Site, (d) your access to or use of any web sites linked to this Site, and (e) any dealings between you and any third parties relating to this Site.
Miscellaneous/Choice of Law: All matters relating to your access and use of the Site are governed by the laws of New York without regard to principles of conflict of law. If a portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. Rouse Properties’s failure to act in a particular circumstance, including any failure by Rouse Properties to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Rouse Properties will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.
As provided by California Civil Code Section 1798.83, a California resident who has provided personal contact information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal contact information to any third parties for the third parties’ direct marketing purposes. Rouse Properties does not share Personal Information entered on Rouse Properties.com with third parties for their direct marketing purposes.
Please visit http://rouseproperties.com/MallPrivacyStatement for our Privacy Statement.
Rouse Properties, Inc.
1114 Avenue of the Americas, Suite 2800
New York, NY 10036-7703
©2011-2012 Rouse Properties, Inc. All Rights Reserved.