*Thank you for visiting www.thenewseaport.com (the “Mixed-Use Site”) provided to you by a taxable REIT subsidiary (the “Developer”) of General Growth Properties, Inc. (“GGP”).
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, submit information, register with the Site, or subscribe to any services on the Site. As used in this Agreement, "you" are the person using the Site or the person described in the submission or registration form.
Agreement to Conduct Transactions Electronically.
You agree that any transactions with or through the Site may be conducted electronically. 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.
No Implied License.
*We hereby authorize you to copy and display the content on the Site for your personal, non-commercial use only. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content from the Mixed-Use Site or the Retail Site without our prior written permission. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or proprietary rights owned by us or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or copyright.
No Payment for Submission of Comments, Ideas, and Other Information.
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.
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.
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.
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 (USD$500).
Your Representations & 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 you used to access information, and that all information that you submit to us is true, accurate and current. Further, you agree to defend, indemnify, and hold General Growth Properties, 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.
Illinois Law Governs; Exclusive Cook County Jurisdiction.
This Agreement will be governed and construed in accordance with the laws of the State of Illinois, 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 courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.
Claims of Copyright Infringement.
We rely on our users to bring copyright infringement to our attention. Anyone who believes that their work has been reproduced in such a way that constitutes copyright infringement may contact [email protected]
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.