Terms Of Use

Sooner Town Center, LLC or STC II, LLC or STC III, LLC or STC IV, LLC or STC Lowes, LLC TERMS OF USE Last Updated: January 18, 2017. GENERAL These Terms of Use (“Terms of Use” or “Agreement”) describe the terms and conditions under which users may access and use the Town Center Plaza(“TCP”) website (“Website”) located at http://www.ShopMidwestTC.com other internet based services such as the Town City Plaza mobile App (herein referred to singularly and collectively as “TCP Program”), which are owned and operated by Sooner Town Center, LLC or STC II, LLC or STC III, LLC or STC IV, LLC or STC Lowes, LLC d/b/a Town City Plaza and its affiliates and subsidiaries (collectively “TCP”). Each time User accesses and utilizes TCP Program (whether merely browsing or otherwise), User is bound by these Terms of Use, so please read carefully and in its entirety. User is granted a limited, non-transferable, non-exclusive, license to access TCP Program solely for personal, informational, and non-commercial purposes, which license may be revoked at any time. TCP’s Privacy Policy is incorporated into and made part of these Terms of Use. To the fullest extent permitted by applicable law, these Terms of Use constitute a binding legal agreement between User and TCP and, by accessing and using the TCP Services, User agrees to and accepts without limitation or qualifications these Term of Use and Privacy Policy. TCP reserves the right to modify these Terms of Use and Privacy Policy in its sole discretion and without notification to users at any time by posting new or updated versions, as well as the right to provide additional notices of material changes. IF USER DOES NOT AGREE WITH THE TERMS OF USE AND PRIVACY POLICY, INCLUDING CHANGES THERETO, OR ANY GUIDELINES INCLUDED WITHIN OR POSTED ON THE WEBSITE OR MOBILE APP, THEN DO NOT USE THE TCP PROGRAM. TCP MAKES NO GUARANTEES REGARDING THE AVAILABILITY OR WORKINGS OF THE TCP PROGRAM. CHILDREN AND MINORS TCP Program is not intended for use by children, and parents and guardians are solely responsible for monitoring any such use by children. By utilizing the TCP Program, User consents that he or she is the age of majority in the state in which he/she resides. If User is not of age, please do not use TCP Program. ACCEPTANCE OF TERMS User’s access to and use of the TCP Program is subject to User’s compliance with these Terms of Use and all applicable federal, state and local laws. Without limiting anything set out elsewhere in these Terms of Use, User’s continued use of the TCP Program is contingent upon User checking for any updates to the Terms of Use and Privacy Policy and User’s agreement to be bound by any such revisions. User’s continued right to access and ability to use the TCP Program will terminate immediately, without any further action or notice by TCP, if User fails to adhere to the Terms of Use or violates applicable law. If TCP discovers or is notified of communications or content that may violate these Terms of Use and/or any applicable law, rule or regulation, TCP may determine in its sole discretion whether to remove or request the removal of the content, or to terminate the use of TCP Program by the User who posted such content, but has no liability or responsibility to users for performance or nonperformance of such activities. Without limiting anything set out elsewhere in these Terms of Use, a User may notify TCP of communications or content seemingly inconsistent with these Terms of Use by sending an email to management@collettre.com. However, any action or inaction by TCP shall not imply or impose any responsibility or liability on TCP for the form, intent, or accuracy of the original or any subsequent content posted by, or communications between, users of TCP Program. PRIVACY POLICY Personal or other information collected or captured through User’s use of TCP Program shall be subject to TCP’s Privacy Policy, which is incorporated into these Terms of Use by reference. CONTENT AND COMMUNICATIONS The TCP Program and all included content are intended to provide useful and accurate information about TCP; however, from time to time the TCP Program may contain inaccuracies or typographical errors. TCP shall have no liability for the accuracy or completeness or use of, nor any liability to update, the information contained within the TCP Program. TCP shall have no liability for content provided by third parties (e.g., merchants and retailers), including but not limited to sales, offers, coupons, giveaways, advertisements, promotions, pricing or similar information over which TCP has no control, and any such third party offer, sale, purchase or other transaction and the use, posting, distribution, or publication of content shall not constitute or imply an endorsement, recommendation, advice, opinion or comment by TCP nor is it an assurance of legality, quality or safety by TCP. Any goods or services purchased by User are purchased directly from the applicable merchant and the merchant is solely responsible to User for every aspect of such purchase. Although TCP is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the TCP Program, or any element or component thereof, User acknowledges and agrees that TCP has the right to monitor the TCP Program in its sole discretion, and, notwithstanding anything to the contrary contained in the Privacy Policy, to disclose information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the TCP Program properly, or to protect itself or other users. THIRD PARTY LINKS. TCP may include or provide links to third party sites. These links are only provided for the sake of convenience and do not imply, either directly or indirectly, that TCP approves, authorizes, endorses or is affiliated with the linked site. TCP makes no representations or warranties regarding the security, authenticity or accuracy of any such links or linked sites. User acts at his/her own risk by using any links provided or included on or within TCP Program. INTELLECTUAL PROPERTY AND RESTICTIONS ON USE TCP Program are the sole property of TCP and are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (“IP Rights”). User’s limited license to use and access TCP Program grants no express or implied rights to or interest in these IP Rights or the IP Rights of any third party. The trademarks, logos, and service marks displayed on or contained within TCP Program (“Marks”) are the intellectual property of TCP or the appropriate third parties. User may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, disassemble, reverse engineer or distribute any Marks or intellectual property of or contained within or on the TCP Program, whether indirectly or directly, in whole or in part, without the express written consent of TCP or the appropriate third party. User shall be solely liable for any damages resulting from any infringement of IP Rights or other proprietary rights, or any and all harm resulting from User’s use of TCP Program. The inclusion of Marks of third parties should not be construed as an endorsement of or certification by such third party. If User believes in good faith that any material included within TCP Program infringes upon User’s works or intellectual property, User may notify TCP at: Collett Southwest, PO Box36799, Charlotte, NC 28236, 704-206-8300, management@collettre.com  User should include in the Notice: · A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. · Identification of the copyrighted work or other intellectual property claimed to have been infringed. · Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. · Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. · A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. · A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTY TCP is not responsible or liable for any damages to User’s computer equipment (or whatever device is used to access the TCP Program) or other property caused by viruses or any other malware that may infect the device while accessing or using TCP Program or downloading any materials therefrom. In no event will TCP be liable to User for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) whether based in contract, tort, strict liability or otherwise, which arises out of or is in any way connected with any use of TCP Program or content found therein, even if TCP has been advised of the possibility of such damages. No oral or written information or advice given by TCP or others will create a warranty and neither User nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to each individual user. TCP makes no warranty of any kind regarding the TCP Program and/or any materials or content provided therein, all of which are provided on an “as is” basis. To the fullest extent permitted by law, TCP disclaims all warranties including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and non-infringement of third party rights. TCP makes no warranty that TCP Services will be completely accurate, timely, secure, or otherwise satisfactory. INDEMNITY AND RELEASE By visiting and utilizing TCP Program , User agrees to release, indemnify and hold harmless TCP, its directors, officers, employees, affiliates, subsidiaries, agents, contractors, and licensors from any and all claims, demands, debts, obligations, damages, costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed that User may have arising out of or in any way related to User’s use or misuse of TCP Program or User’s breach of these Terms of Use, to the fullest extent permitted by applicable law. JURISDICTION, CHOICE OF LAW, AND FORUM These Terms of Use and all TCP Services are governed by the laws of the United States of America and the state of North Carolina without regard to conflict of law principles. TCP makes no representation that TCP Program, or content included therein, are appropriate or available for use in other locations. The exclusive jurisdiction for any claim, action, or dispute with TCP relating to use of TCP Program will be in the state and federal courts in North Carolina and the venue for adjudication and disposition of any claim, action, or dispute will be in the county of Guilford, North Carolina. User submits to personal jurisdiction of the courts located in Guilford County, North Carolina, for the purpose of litigating claims and disputes. To the fullest extent permitted by applicable law, no claim under these Terms of Use may be joined with or to any other claim, including but not limited to any legal proceeding involving other current or former users of TCP Program, and no class action proceedings will be permitted. ENTIRE AGREEMENT These Terms of Use constitute the entire agreement between TCP and User with respect to TCP Program and supersedes all prior or contemporaneous communications and proposals (whether written, electronic, or oral) between User and TCP with respect to TCP Program. The failure of TCP to exercise or enforce any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to a waiver of any subsequent breach hereof, or affect the ability to enforce such right at any time thereafter, unless in writing and signed by TCP. The provisions of this Agreement shall be deemed severable such that the invalidity or unenforceability of any section of this Agreement, or any portion or provision thereof, shall not affect the validity or enforceability of the other portions or provisions. If for any reason a court finds any provision or term of this Agreement to be invalid or unenforceable then, to the fullest extent of the law, that provision shall be construed enforced to effect the intent of the parties, or in the alternative shall be stricken from the Agreement, and the remainder of the Agreement shall continue in full and given effect to the extent enforceable. CONTACTING US Please contact us with any questions, comments or concerns about these Terms of Use.