1. Agreement to Conduct Transactions Electronically.
You understand and agree that all of your transactions, registration, credit card and gift certificate purchases, etc. 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. You are always free to visit one of our Namdar Realty Group mall locations to shop, if you do not wish to have your transactions with or through the Site conducted electronically. If this is the case, you should not enter into this Agreement and you should only access the non-registered, non-transactional areas of the Site.
In order to purchase mall gift certificates on this Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. Your ability to purchase gift certificates is subject to limits established by Namdar Realty Group or by your credit card issuer. The bank may bill your credit card at the time gift certificates are ordered, in its discretion. You must pay all amounts accrued in your account, including any shipping and handling charges, when due. Namdar Realty Group may in its sole discretion decline service to or terminate any account. Namdar Realty Group will not be responsible for, nor will they be held liable for any breaches in transaction security by any third party.
This web Site utilizes Secure Sockets Layer (SSL) encryption when ordering mall gift certificates, an advanced encryption technology that protects the information you send us against unauthorized access. This safeguard has helped to make shopping on the Internet significantly safer than using your credit card at a restaurant or department store.
2. License to Use the Site; Restrictions.
We hereby grant you a non-exclusive, personal, non-transferable, 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, including this Agreement, to your personal computing device solely for your own personal non-commercial use. â€œContentâ€? 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. User may not alter, modify or change the Licensed Property in any way. We recommend that you download and print this Agreement for your records.
4. Protect Your Password.
You agree that you are responsible for maintaining the confidentiality of the password you choose at the time of registration (“Password”). To the extent permitted by law, you agree to be liable for all use of your Password on the Site, whether or not you actually authorized such use. Accordingly, you should not supply or allow access to your Password to anyone who is not authorized to take actions on your behalf. If you want to change your Password, you may do so at any time by accessing your account and selecting a new Password. It is recommended to change your Password on a regular basis.
6. No Payment for Submission of Comments, Ideas, and Other Information.
7. Links to Third-Party Web Sites.
As a convenience to you, the Site may provide links to other Internet web sites or banner advertisements that are not under our control (“Third-Party Web sites”).
The products on such Third Party Web sites are promoted and sold by the relevant third party and not by us. If you click on a link or banner ad for more information about a product offered by one of these Third-Party Web sites, a new browser window will open, and you will be transported to one of these Third-party Web sites and away from this Site. Your visit to these Third-Party Web sites, and any purchases you make from such web sites, are subject to the terms and conditions of such Third-Party Web sites, not the terms and conditions of this Site. Any links on the Site to Third-Party Web sites do not imply an endorsement of such sites by us, and no such Third-Party Web site is authorized to make any representation or warranty on our behalf.
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 AND YOU AGREE TO WAIVE ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR ANY CONTENT OR SERVICES PROVIDED ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE, 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, TIMELINES OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE.
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, or 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.
10. LIMITATION OF LIABILITY.
Under no circumstances shall Namdar Realty Group be liable to User or any other person for any indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this Agreement, the service of the Internet generally, including, without limitation, User’s use or inability to use the service, any changes to or inaccessibility or the service, delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through the service, or any data or material for a third person accessed on or through the service, whether such liability is asserted on the basis of contract, tort or otherwise. In no event shall Company’s total liability for direct damages exceed the total fees paid by User to Company hereunder. Some states prohibit the exclusion or limitation of incidental or consequential damages, thus this limitation of liability may not apply to User. If User is dissatisfied with the service, User’s sole and exclusive remedy shall be for User to discontinue use of the service and terminate this Agreement. In the event a court of competent jurisdiction determines that we are liable for Site-related damages of any kind, you agree that such damages shall not exceed Two Hundred Fifty Dollars (US$250).
11. Your Representations&Warranties.
User represents and warrants to Namdar Realty Group that (a) User is over 18 years of age and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) All registration and other information provided by User is truthful, accurate and complete, including User’s legal name, home address, e-mail address and telephone number; (c) User is the authorized signatory of any credit, debt or other charge card used to pay fees or charges at this site; (d) User shall comply with all terms and conditions of this Agreement, including, without limitations, the provisions of Section 12, Prohibited Uses and Section16, Indemnification.
12. Prohibited Uses.
User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other materials that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person or Namdar Realty Group as to the identity or origin of any communication; (e) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (f) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (g) engage in any other activity deemed by Pennsylvania Real Estate Investment Trust to be in conflict with the spirit or intent of this Agreement.
13. PENNSYLVANIA LAW GOVERNS; EXCLUSIVE CAMBRIA COUNTY JURISDICTION.
This Agreement will be governed and construed in accordance wit the laws of the State of Pennsylvania, U.S.A., without giving effect to the principles of its conflict of law provisions. The parties to this Agreement agree and consent to the jurisdiction of and venue in the state or federal courts in Cambria County, Pennsylvania, U.S.A. in all disputes arising out of or relating to this Agreement.
14. Claims of Copyright Infringement.
We rely on our users to bring copyright infringement to our attention. Anyone who believes that his or her work has been reproduced in such a way that constitutes copyright infringement may contact our Agent for Copyright Infringement. Claims of copyright infringement or other alleged violation of intellectual property rights and documentary proof thereof should be sent by registered or overnight mail to Namdar Realty Group, Attention: General Counsel, 200 South Broad Street, The Bellevue, Third Floor, Philadelphia, Pennsylvania 19102. Claimant’s documentary proof must contain proof of claimant’s ownership rights, details of the alleged misuse of such property, contact information of such claimant and/or their legal representative, including full name, address, e-mail address (if available), telephone and fax numbers.
15. 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 in the Site, constitutes the entire agreement between you and us.
User agrees to indemnify, hold harmless and defend Namdar Realty Group, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person arising out of or relating to: (a) this Agreement; (b) User’s use of the Service, including any data or work transmitted or received by User; and any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section 11.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. All temporary usage licenses granted to User expire on termination. User may terminate this Agreement for any reason upon notice to Company. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User’s access to or use of all or any portion of the Service; and terminate this Agreement.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
19. Force Majure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, acts of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such excuses.
The terms and provisions of Sections 8 through 17, and 20 shall survive any termination or expiration of this Agreement. In addition, all payment obligations of User shall remain intact after expiration of termination of this Agreement.