” or “your
”), and Crescent 4HC Investors, LLC d/b/a The Shops at Houston Center and any of its parents, subsidiaries or affiliates (collectively “Company
”) concerning your access and use of this website, http://shopsathc.wpengine.com
”). You and Company are sometimes referred to herein each as a “Party
” and collectively as the “Parties
Carefully read each and every term and condition of this Policy in its entirety.
COMPANY MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE SITE, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT EACH TIME YOU ACCESS OR USE THE SITE.
each time you access or use the Site.
2. PROPRIETARY RIGHTS.
3. SITE ACCESS AND USE.
- 2.2. TRADEMARKS. The trademarks (including, without limitation, the trademarks, service marks, trade names, trade dress, and logos) found on the Site are owned or licensed by Company, or are permissibly used by Company. In no event shall you have or retain any rights, titles or interests in or to those trademarks. You are prohibited from making any use of those trademarks (including, without limitation, use as meta tags on other websites, and use in any manner likely to cause confusion, disparagement, or dilution of those trademarks).
4. MOBILE APPLICATIONS.
- 3.3. ACCESS AND INTERFERENCE. The following practices are strictly prohibited: (a) the systematic retrieval of any information or content found on the Site to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (b) the use of a software, code program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) used to monitor, copy, disrupt, interfere with, or impermissibly access, in whole or in part, the Site or any information or content found thereon; (c) “screen scraping”, “database scraping”, or any other practice or activity that serves to obtain data or other information about the Site, the Site’s users, Company, or Company’s affiliates; (d) framing or the use of framing techniques to enclose any information, content, copyrightable material, patentable material, trademark, trade dress or other properties of Company; (e) the use of meta tags or any other “hidden text” utilizing Company’s trademarks; (f) the use of any software, program, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to bypass or circumvent any security measure which Company may utilize in connection with the Site or any information or content found thereon, or to impermissibly monitor, copy, disrupt, interfere with or access the Site or any information or content found thereon; and (g) any act that will overload, unreasonably disrupt, or unreasonably interfere with the infrastructure of the Site or the Site’s features or servers.
Certain portions of the Site or its features may be configured for, and Company may offer the Site and/or its features through, mobile devices, mobile websites, and/or mobile applications (collectively, “Mobile Media
, you hereby acknowledge and agree that information about your use of the Site through a mobile device (e.g., iPhone, iPad) and/or a mobile device carrier (e.g., Verizon, AT&T) (such as, by way of example only, the identity of the mobile device, and/or the mobile device carrier) may be communicated to Company; and that you accept responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any.
5. TERM; TERMINATION; SURVIVAL.
6. SITE DISCONTINUATION.
Company shall have the right in its sole discretion to discontinue the Site and any portions thereof as Company deems advisable and without notice to you. COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, MONETARY DAMAGES, DISRUPTION IN SERVICE, AND LOSS OF CONTENT).
7. LINKS TO OTHER SITES.
The Site may contain links to third-party websites (each a “Linked Site
”, and collectively the “Linked Sites
”). The Linked Sites are not under the control of Company. The Site contains these links only as a convenience to you. Company is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Sites (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content).
8. USER CONTENT.
Company welcomes your reviews, comments, feedback, suggestions, ideas and other communications, submissions, statements, or other content that you submit through or to the Site (“User Content
”). User Content will be non-confidential and Company shall have no obligations to you, contractual or otherwise. Company does not control or endorse the content, messages or information found in User Content. You agree Company has no liability with regard to User Content. User Content must comply with the following terms and conditions:
9. DISPUTES WITH OTHERS / RELEASE.
- 8.2. GRANT OF RIGHTS. You hereby grant Company the non-exclusive, irrevocable, unencumbered, transferable, sub-licensable, royalty-free, fully paid, perpetual, and universe-wide license to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, or otherwise use or exploit the User Content, and any portions thereof as Company sees fit in connection with the Site, Company’s products, Company’s services, and the marketing of any of the foregoing in any manner, medium, or form, whether now known or hereinafter devised. You also hereby grant Company the non-exclusive, irrevocable, unencumbered, transferable, sub-licensable, royalty-free, fully paid, perpetual, and universe-wide license to use your name and likeness in connection with the any aforementioned licensed uses of the User Content as Company sees fit. You understand, acknowledge, and agree that Company has no obligation to make any use of the rights granted by you under said licenses or to provide any attribution to you if Company makes any use of such rights.
- 8.3. OWNERSHIP OF RIGHTS. You acknowledge and agree that Company is the exclusive owner of all rights, titles, and interests in and to any works (including, without limitation, original works, derivative works, and compilations) created by or at the direction of Company that make use of the User Content, or any portions thereof. You also understand, acknowledge, and agree that Company has no obligation to create or direct the creation of any such works.
- 8.5. WARNING; DISCLAIMER. PLEASE NOTE THAT IF YOU SUBMIT YOUR NAME OR ANY OTHER PERSONAL INFORMATION ALONG WITH ANY USER CONTENT THAT YOU SUBMIT TO OR THROUGH THE SITE, THEN THAT PERSONAL INFORMATION MIGHT BECOME PUBLIC INFORMATION. THUS, COMPANY IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY PERSONAL INFORMATION THAT YOU VOLUNTARILY DISCLOSE IN CONNECTION WITH YOUR SUBMISSION OF ANY USER CONTENT TO OR THROUGH THE SITE.
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release Company and hereby agree to indemnify Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. YOUR REPRESENTATIONS AND WARRANTIES.
11. DISCLAIMERS / NO WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
12. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY OR ANY OF COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS, REPAIR COSTS, GOODWILL, LOSS OF USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY OR ARISING FROM OR IN CONNECTION WITH OR RELATING TO: (A) YOUR ACCESS, INABILITY TO ACCESS, USE, OR INABILITY TO USE THE SITE; (B) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (C) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (D) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES, OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR COMPUTER(S), SOFTWARE PROGRAM(S), SOFTWARE FILE(S), OR MOBILE MEDIA; (E) ANY TRANSMISSION, DOWNLOAD, OR INFECTION OF ANY SOFTWARE, PROGRAM, PROCESS, DEVICE, APPLICATION, OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE, AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR COMPUTER(S), SOFTWARE PROGRAM(S), SOFTWARE FILE(S), OR MOBILE MEDIA; OR (F) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION OR CONTENT FOUND ON THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY INFORMATION OR CONTENT FOUND THEREON, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE.
14. CHOICE OF LAW, VENUE AND DISPUTE RESOLUTION.
ANY DISPUTE, CONTROVERSY OR CLAIM MUST BE RAISED WITHIN ONE (1) YEAR AFTER THE DATE IT AROSE. FAILURE TO PROVIDE THE WRITTEN DOCUMENTATION WITHIN THIS TIMEFRAME WILL RENDER ALL SUCH DISPUTES, CONTROVERSIES AND CLAIMS NULL AND VOID.
YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST COMPANY.
15. DIGITAL MILLENNIUM COPYRIGHT ACT.
- 11.2 DISCLAIMER ABOUT CERTAIN INFORMATION OR CONTENT. ANY OPINIONS, ADVICE, STATEMENTS, OFFERS, SALES, COUPONS OR OTHER INFORMATION OR CONTENT FOUND ON THE SITE ARE THOSE OF THEIR RESPECTIVE AUTHORS AND NOT OF COMPANY, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION OR CONTENT. COMPANY DOES NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY SUCH INFORMATION OR CONTENT. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY SUCH INFORMATION OR CONTENT. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION OR CONTENT.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
You may notify us of alleged infringement of intellectual property rights by contacting our Designated Agent at:
Mail: 1200 McKinney St, Suite 545, Houston, TX 77010
Upon receipt of notice of claimed infringement, we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
16. EXPORT CONTROLS.
You agree to comply with all U.S. and foreign export laws. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a terrorist supporting country; and (ii) you are not listed on any United States list of prohibited parties.
18. CONTACT US.
If you have a comment, question or request, or if you need to contact Company for any other reason, please email us at firstname.lastname@example.org
19. EFFECTIVE DATE.