These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date.” Your use of our Website or Portal signals your acceptance of the Terms as posted at the time of your use.
By using the Website or Portal, you agree to adhere to all limitations (including limitations set forth in these Terms) on dissemination, use, and reproduction of any information, data, documents, images, photographs, and/or graphics, including any property or real estate data, (collectively, “Materials”) that you download or access from the Website or Portal.
SITE Centers has no obligation or duty to store, post, reproduce, or otherwise use any Materials that you upload, post, email, transmit, or otherwise make available through your use of the Website or Portal (“User Content”). SITE Centers has no responsibility or liability for the removal or accuracy of any Materials, including User Content; the failure to store, transmit, or receive transmission of Materials; or the security, privacy, storage, or transmission of other communications. You agree that SITE Centers retains the right to create reasonable limits on SITE Centers' use of the Materials, including User Content, as determined by SITE Centers in its sole discretion.
You agree to use the Materials only for the purposes permitted by the Terms and as limited by any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the transfer, use, or storage of Materials).
The Website, Portal, and Materials, including their selection and arrangement, are protected and/or protectable by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual property and proprietary rights. Except as expressly provided in these Terms, SITE Centers does not grant any express or implied rights to use our Website, Portal, and Materials.
The trademarks, logos, and service marks displayed on the Website or Portal (the “Marks”) are the property of SITE Centers or third parties. You are not permitted to use the Marks without the prior written consent of SITE Centers or the third party that owns the applicable Marks. SITE Centers and SITE Centers' logo are trademarks of SITE Centers, and you are not granted any right to use, reproduce, or display SITE Centers' Marks without SITE Centers' prior written consent.
Except as otherwise indicated in any applicable Terms, SITE Centers hereby grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to view, download, and print Materials provided by SITE Centers (“SITE Centers Materials”) and any User Content, subject to the following conditions:
SITE Centers may revoke the authorization to view, download, and print the SITE Centers Materials and User Content at any time, and any such use shall be discontinued by users immediately upon notice from SITE Centers.
You agree that you, and not SITE Centers, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available (collectively, “Make Available”) on the Website or Portal, whether publicly posted or privately transmitted. You assume all rights associated with the use of User Content, including any reliance on its accuracy, completeness, appropriateness, or usefulness.
You represent and warrant that, to the extent applicable:
You acknowledge and agree that by accessing or using the Website, Portal, or Materials, you may be exposed to Materials that you may consider to be offensive, indecent, or otherwise objectionable.
You agree not to use, and you agree not to encourage or permit others to use, the Website or Portal to:
Except as otherwise indicated in any other applicable terms provided to you, SITE Centers hereby grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to view, download, and print Materials provided by SITE Centers and any User Content, subject to the following conditions:
SITE Centers does not claim ownership of User Content. However, by submitting User Content through the Website or Portal, you grant SITE Centers a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Content (in whole or in part) and to incorporate User Content into other Materials in any format or medium now known or later developed.
You agree that SITE Centers may derive revenue or other monies from User Content that you Make Available via the Website or Portal, without payment to you. For example, SITE Centers may display SITE Centers advertisements associated with our Website or Portal that reference User Content, and you agree that you are not entitled to any compensation for any such advertisements.
Our Website, Portal, and Materials may include links that will take you to other websites operated by third parties (“Linked Websites”). The Linked Websites are provided by SITE Centers as a convenience, and the inclusion of links to Linked Websites does not imply any endorsement by SITE Centers of any Linked Website. SITE Centers has no control over the Linked Websites or the material contained on such Linked Websites, and you agree that SITE Centers is not responsible for the availability or contents of any Linked Websites, including any content or material made available on such Linked Websites.
SITE Centers may at any time modify, suspend, or discontinue, temporarily or permanently, the Website, Portal, or Materials, or any portion thereof, with or without notice to you. You agree that SITE Centers shall not be liable to you for any modification, suspension, or discontinuance of the Website, Portal, or Materials.
These Terms will continue to apply until terminated by you or SITE Centers as set forth herein. SITE Centers may at any time terminate this agreement with you if:
You agree that all terminations shall be made at SITE Centers' sole discretion and that SITE Centers shall not be liable to you or any third party for any termination of your access to the Website, Portal, or Materials, including User Content.
THE WEBSITE, PORTAL, MATERIALS, AND OUR COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, SITE Centers MAKES NO WARRANTY THAT:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE Centers OR THROUGH OR FROM USE OF THE WEBSITE, PORTAL, OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE MATERIALS CONTAINED ON THE WEBSITE OR PORTAL ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND UNDER NO CIRCUMSTANCES SHOULD BE CONSIDERED AN OFFER TO SELL OR A SOLICITATION TO BUY ANY COMMODITY OR INVESTMENT. ANY TRADING RECOMMENDATION OR OPINION, OR FINANCIAL AND MARKET INFORMATION AND DATA, CONTAINED ON THE WEBSITE OR PORTAL IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A STATEMENT OF SITE Centers' VIEWS OR ANY REPRESENTATION BY SITE Centers THAT IS BASED ON INFORMATION SITE Centers BELIEVES TO BE RELIABLE. SITE Centers DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THIS INFORMATION. ANY USER RELYING ON INFORMATION CONTAINED ON THIS SITE DOES SO SOLELY AT THEIR OWN RISK, AND SITE Centers ACCEPTS NO LIABILITY IN RESPECT THEREOF.
SITE Centers DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTIES ACCESSIBLE THROUGH LINKED WEBSITES. SITE Centers MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS, OR THEIR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL SITE Centers AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON OUR WEBSITE OR PORTAL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR WEBSITE, PORTAL, ANY WEBSITES LINKED TO OUR WEBSITE OR PORTAL, OR THE MATERIALS OR INFORMATION CONTAINED ON ANY SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER SITE Centers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the extent allowable by law, you agree to indemnify and hold SITE Centers and our officers, directors, employees, partners, suppliers, or other third parties mentioned on our Website or Portal harmless from:
SITE Centers respects the intellectual property rights of others and expects users of our Website or Portal to do the same. SITE Centers will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). Our response to such notices may include removing or disabling access to the allegedly infringing Materials, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the person, where applicable, who posted the User Content to make, where appropriate, a counter-notification.
All matters relating to your access to or use of our Website, Portal, or Materials shall be governed by the laws of the State of Ohio. You agree that any claim or dispute you may have against SITE Centers must be resolved by a court located in Cuyahoga County, Ohio, except as otherwise agreed between the parties. You agree to submit to the personal jurisdiction of the courts located in Cuyahoga County, Ohio, to litigate such claims or disputes.
All claims you bring against SITE Centers must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, SITE Centers may recover attorneys’ fees and costs up to U.S. $1,000, provided that SITE Centers has notified you in writing of the improperly filed claim, and you have failed to properly withdraw the claim.
Notwithstanding the foregoing, if your or others’ unauthorized access to or use of the Website, Portal, or Materials is in violation of these Terms, you agree that SITE Centers shall be entitled to injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This Website and the Portal are controlled, operated, and administered by SITE Centers from its offices in the United States. SITE Centers makes no representation that the Website, Portal, or Materials are appropriate or available for use at locations outside the United States, and access to the Website, Portal, or Materials from jurisdictions where the Website, Portal, or Materials are illegal is prohibited. SITE Centers may block access to the Website, Portal, or Materials by certain international users. If you access the Website, Portal, or Materials from a location outside the United States, you represent that your use is compliant with applicable local laws.
These Terms constitute the entire agreement between SITE Centers and you with respect to your access to or use of the Website, Portal, and Materials and supersede any prior agreements between you and SITE Centers with respect to such subject matter.
If for any reason a court of competent jurisdiction finds these Terms, or a portion thereof, to be unenforceable, the remainder of these Terms shall continue in full effect.
Any failure by SITE Centers to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver of that provision or right.
If you have any questions regarding these Terms, you may contact us by email at firstname.lastname@example.org or by mail at ATTN: General Counsel, 3300 Enterprise Parkway, Beachwood, Ohio 44122.