Terms Of Service
Terms of Service
Your use of any applications, programs, products, software, services and web sites (collectively, the “Services”) provided to you by Lewis Management Corp., dba Lewis Retail Centers, and their respective, parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, “LMC”), is subject to the terms and conditions contained herein (collectively, the “Terms”). The following Terms set forth the obligations and responsibilities between you and LMC. Your acceptance of the Terms will form a legal agreement between you and LMC with respect to your use of the Services. Your use of the Services is conditioned on your acceptance of all of the Terms. As such, you understand and agree that LMC will treat your use of the Services as your acceptance of the Terms. You may not use the Services and may not accept the Terms if (a) you are not of legal age or lack the capacity to form a binding contract with LMC, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
The Services Provided by LMC
You acknowledge that LMC reserves the right (in LMC’s sole and absolute discretion) to change, terminate or modify any of the Services without prior notice to you. You may quit using any or all of the Services at any time without prior notice to LMC. If your account remains inactive, LMC may disable or suspend your ability to re-access your account and the contents contained therein. You agree that LMC, in LMC’s sole discretion, may restrict your ability to use the Services for any reason including your overuse or abuse of the Services.
Using the Services
In order to use some of the Services, you may need to register and provide information to LMC about yourself. You agree that any information you provide to LMC will be truthful and accurate. You agree that you will only use the Services in accordance with all applicable laws and in accordance with these Terms. You agree not to try to access the Services through any automated means or any way other than through the interface provided by LMC. You agree that you will not interfere with or disrupt the Services or any other person’s ability to access the Services. You are not authorized to alter, assign, convey, copy, create derivative works from, customize, decompile, demonstrate, derive source code, disassemble, display, disseminate, distribute, download, lease, lend, license, LMCalize, modify, publish, rent, reproduce, re-sell, re-license, reuse, reverse engineer, sell, sublicense, transfer, translate or transmit, use, or interfere with the use of (nor attempt, allow or facilitate any of the foregoing) any of the Services. You agree that you are solely responsible for your conduct and for the consequences of any breach of your obligations under these Terms including any loss or damage which LMC may suffer.
Intellectual Property Policy
As used herein, any data, designs, graphics, information, logos, marks, pictures, sounds, is collectively referred to as “Content.” LMC respects the intellectual property rights of others and expects you to do the same. Any Content provided by you (“Your Content”) shall be your property and your responsibility—LMC shall have no liability to any others arising from Your Content. Any other Content used in the Services shall remain the property of its respective owner. You acknowledge and agree that LMC (or LMC’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which are contained or utilized within the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). In the event that LMC properly is served with a notice of a potential copyright infringement related to Your Content, you agree to fully cooperate with LMC and provide any and all information requested by LMC related to the subject of the alleged infringement. If you feel that Your Content has been used in a manner that constitutes an infringement of copyright laws, please notify LMC so that LMC may fully investigate your claim and take any appropriate action. You agree that LMC shall not be liable to you for any third party infringement of Your Content in connection with such third party’s use of the Services.
LMC reserves the right to delete any of Your Content in its sole discretion and shall not be responsible for retaining copies of any of Your Content. In addition, LMC reserves the right to delete any Content (including Your Content) that is the subject of any alleged copyright infringement in LMC’s sole discretion and without liability to anyone. LMC may collect information and data regarding your use of the Services. Such data and information shall be the property of LMC.
You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Services, you give LMC and its affiliates an absolute royalty-free, perpetual, irrevocable, worldwide right to distribute, modify, edit, distort, manipulate, exhibit, display, print, publish, perform, and make derivative works of Your Content in any form or media now in existence or hereafter developed, for advertising, marketing, or any other lawful purpose. LMC will not be responsible or liable for any use of Your Content by LMC in accordance with these Terms.
You affirm, represent, and warrant that you own or have all necessary licenses, rights, consents, and permissions (collectively, the “Rights”) to Your Content and you grant LMC a license to such Rights. You agree that this license includes the right for LMC to provide, promote, and improve the Services and to make Your Content and any variation thereof available on the Internet and numerous websites, including but not limited to, Facebook, YouTube, Twitter, Pinterest, and Google +. You also waive any right to approve, view or inspect any modifications or derivative works created from Your Content.
You are responsible for your use of the Services and for Your Content. You are also responsible for any consequences arising out of your use of the Services, your provision of Your Content, and LMC’s use of Your Content. You understand that if you do not have the Rights to Your Content, you may be liable to LMC and others for LMC’s use of Your Content in accordance with these Terms.
LMC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by LMC as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by LMC, in the manner permitted by these Terms. Nothing herein confers upon you the right to use the LMC name or any of the LMC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding LMC, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content on the Services and to suspend or terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of LMC, its users and the public.
Your Passwords and Account security
You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to LMC for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify LMC immediately.
Privacy and Your Personal Information
The Services are Available “AS-IS,” Disclaimers and Limitations of Liability
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, LMC makes no warranty, guaranty, representation or covenant of any type, express or implied, with regard to any of the Services. In addition, LMC makes make no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the LMC Entities or through the Services, will create any warranty not expressly made herein.
Please read this section carefully since it limits the liability of LMC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LMC SHALL NOT BE LIABLE TO YOU FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OF ANY TYPE FOR LOST PROFITS, GOODWILL, REVENUES, OR BUSINESS OPPORTUNITIES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM OF DAMAGES IS BASED ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LMC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LMC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
The Services may contain links to third-party websites or resources. You acknowledge and agree that LMC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to any websites, companies, products, or resources do not imply any endorsement by LMC of such websites, companies, products, or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party sites or products.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver by any Party of any right hereunder shall be effective unless in writing. Waiver of any right under this Agreement as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or occurrence.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California.