TERMS OF USE

Directory of Major Malls on the Web - www.shoppingcenters.com

Please read these terms of use carefully before using this site.  By accessing any part of this website, you agree to be legally bound by the following terms of use as modified from time to time.

Ownership
This website is owned and operated by Directory Of Major Malls, Inc., a New York corporation ("DMM") with its principal office in Nyack, New York, U.S.A.

DMM Data
DMM has created and maintains a proprietary database containing detailed information regarding major shopping centers, malls and retail markets in the U.S.A. and Canada, including contact details for personnel, categorized tenant lists, geocodes, demographics, site plan and lease plan image files, regional maps for major metropolitan areas and related information, in a proprietary organization and structure for categorizing, sorting and displaying (the DMM Data).

Subscriptions
Portions of the DMM Data are available through this website only to individuals or entities that purchase a subscription giving them access to specific portions of the DMM Data ("Subscribers"), and to individuals who (a) are employed by a Subscriber or engaged as independent contractors of a Subscriber, (b) access the data solely for the benefit of such Subscriber and (c) agree to be bound by all of these terms and conditions to the same extent that such Subscriber is bound (collectively, "Authorized Users").  By accessing or using DMM Data through this website you represent and warrant that you are a Subscriber or an Authorized User, you are at least 18 years old and that you agree to these terms of use. Unless otherwise agreed by both parties in writing, subscriptions are based upon based upon a single, named-user for each subscription activated on the site. This subscription is unique to each user and is intended to be used only by the named account holder.

License Grant
DMM grants to you, on these terms and conditions, the non-exclusive right and license to use the specific DMM Data identified in your purchase order, written agreement or other evidence of purchase.  In the event of a conflict between these terms of use and the terms of your purchase order, written agreement or other evidence of purchase, the purchase order, written agreement or other evidence of purchase will control.

User Names and Passwords
Subscribers and Authorized Users may access the data from any web browser by entering an authorized user name and a confidential password.  DMM may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right, or is vulgar or otherwise offensive, as determined by DMM in its discretion.  You agree not to disclose any confidential password to anyone other than Authorized Users who need to know such password. Your login may only be used by one person – a single login shared by multiple people is not permitted.

Fees
You will pay all fees and charges incurred in connection with your user name and password at the rates in effect when the fees and charges are incurred.  All fees and charges are nonrefundable.  DMM may at any time change the fees charged for access to the DMM Data or any other products or services, and the manner in which such fees are assessed, and may add new fees or charges.  The current Subscription Fees and Report and Download fees are posted on the Product Information pages of this website.  Your subscription will terminate rather than automatically renew at the conclusion of the subscription period or after you've used your allotted number of views, whichever comes first. DMM will notify you by electronic mail when you are near the end of your subscription so that you may request its continuation.

Permitted Uses
You may use DMM Data only for the following purposes:  (a) to perform internal research for your company or business; (b) to provide limited information regarding particular properties and market trends to your clients and prospective clients; (c) to market properties; (d) to support your valuation, appraisal or counseling regarding a specific property; and (e) to advertise or promote your products or services to people and companies listed in the DMM Data, provided that such use is in compliance with all applicable laws.

Bing Maps terms of service:
To use this service, you MUST accept Bing Maps terms of service. For more information see here:http://www.microsoft.com/maps/product/terms.html

Prohibited Uses
In addition to any other restrictions and prohibitions set forth in these terms of use, you are prohibited from: (a) using or permitting the use of any DMM Data to prepare an original database or a comparison to other databases intended for sale, rental, publication or delivery in any manner to a third party; and (b) using or permitting the use of any DMM Data for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.

Credit
Whenever you cite DMM Data in any report, advertising material, valuation or otherwise, you agree to indicate clearly in writing in each such report or material that DMM is the source and to affix the following attribution notice or such other notice as DMM may approve in writing:  "Copyright  [insert year] Directory of Major Malls, Inc.  All rights reserved"

No Publication
Except as specifically set forth in these terms of use, you may not distribute, disclose, display, transfer, transmit, publish, resell, sublicense or otherwise transfer any DMM Data, nor allow the distribution, disclosure, display, transmission, publication, sublicense or transfer of any DMM Data, to any person or entity.  You may not upload, post or provide access to any portion of the DMM Data through the Internet, any other electronic network, any data library, any listing service or any other data sharing arrangement.

Limited Copies
You may print DMM Data or copy DMM Data into word processing, spreadsheet and presentation programs (or other software programs with the express written consent of DMM), so long as the level of data being printed or copied is reasonably tailored for your purposes, insubstantial and in compliance with the Permitted Uses provision above.  You may not copy or allow copies of any of any DMM Data to be made for any other reason, except for back-up and archival purposes.

No Modifications or Derivative Works
You may not make any changes or modifications in any DMM Data or software, nor may you create derivative works of any of DMM Data, software or documentation.  You may not decompile, disassemble, decrypt, extract or otherwise reverse engineer any DMM software.  You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by DMM in or on the DMM Data, software, media or documentation.  

No Screen Scraping or Data Mining
You may not access this website or the DMM Data for the purpose of screen scraping or data mining.  

Linking and Framing
Your website may link to the home page of this website, provided that (a) you may link only to the home page and not to any other page and (b) you must promptly remove any such link upon request from DMM.  In addition, you may not (i) replicate the home page (or any other page), (ii) link through a frame or similar border or external environment, (iii) imply that DMM endorses your products or services, (iv) misrepresent your relationship with DMM, (v) present false or misleading information about DMM products or services, nor (vi) use the DMM logo or other DMM trademarks without specific written permission from DMM.  This website may include links to other sites.  Unless otherwise specifically indicated, DMM does not endorse or sponsor any such site or any products or services that may be offered through such sites.

No Unlawful Use
You may not use any DMM Data or software in any unlawful manner or for any unlawful purpose.  You may not export or re-export any portion of the DMM Data or software except in full compliance with all United States laws and regulations, this Agreement, and, if applicable, the associated written agreement.  You may not use the DMM Data to compile a list of recipients of unsolicited faxes or e-mails for advertising or promotional purposes except in compliance with applicable laws regarding, for example, the source of the fax or e-mail and the receipt of any necessary consent or notice allowing the recipient to opt out.  DMM strongly recommends that you seek legal advice to ensure that you are in compliance with all such laws and regulations before you use any DMM Data for advertising or promotional purposes.

This website is controlled and operated by DMM from its offices within the United States.  DMM makes no representation that any portion of the DMM Data or other material accessed through this website is appropriate or available for use in other locations.  Access to the DMM Data from other countries where the sale or use of the data is illegal is prohibited. Those who choose to access the DMM Data or this website from other locations do so of their own volition and are responsible for compliance with applicable local laws.

No Use of Unlicensed Products
You may not use any DMM Data except pursuant to a valid License under which you are a Subscriber or Authorized User.

Termination for Breach
If you breach any provision of these terms of use, in addition to any rights or remedies DMM may have, DMM may revoke or disable your user name and password and revoke your authority to use any DMM Data without prior notice.

Support
Technical support is available upon payment of DMM's applicable fees for support.  To reach DMM customer support services, call 845-348-7000 during DMM's regular business hours, Monday through Friday 9:00 a.m. to 5:00 p.m. New York time, or contact DMM by e-mail at sales@shoppingcenters.com.  A valid User ID is required for support.  Your User ID may be accessed from your "Dashboard" from the "Settings" link after you have logged in.  DMM also sends it to your registered e-mail address when you open your account and DMM can send it to your registered e-mail address at any time upon your request as long as you provide DMM with a valid user name and password.

You acknowledge that the DMM Data and software are inherently complex, that not all errors will be identifiable or be corrected and that the time it might take to correct errors may not be commercially reasonable.  DMM provides support on a "best efforts" basis only and does not represent or warrant that it will be able to resolve every technical support request.  DMM does not support the use of third-party software in conjunction with the DMM Data.

Limited warranty:
The website uses Bing Maps services for the mapping component of the site. If in the future, Bing makes programming changes which may affect the mapping component, they may stop working as expected.   DMM will make every possible effort to find a solution to the issue or replace the source used for the mapping component on the website as quickly as possible. Regardless of the source for this interruption, the subscriber is not entitled to compensation or an extension of their active subscription.

Trademarks
DMM or its affiliate is the sole owner of the DIRECTORY OF MAJOR MALLS logo, as registered at the United States Patent and Trademark Office.  DMM trademarks may be used only with DMM's specific prior written permission.  These terms of use give you no right to use any DMM trademark.

Copyrights
You acknowledge that the DMM Data is protected by copyright and other laws and that DMM is the sole owner of all rights in and to the DMM Data.  You have no rights in any DMM Data except as set forth in these terms of use and in any other written agreement you may have with DMM.

Accuracy of Data
Although DMM makes efforts to provide accurate data that conform to the published specifications, DMM does not warrant the accuracy or completeness of the DMM Data.  DMM delivers the DMM Data on an "as is"basis for general information only.  You should not rely upon DMM Data or use it as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information.  Any reliance upon DMM Data is at your own risk.  DMM is not responsible for errors, inaccuracies or omissions in the DMM Data, nor for any consequence of your use of or reliance upon DMM Data in taking any action or deciding not to take any action.

Links to Other Sites
The Site and Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. DMM is not responsible for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, or websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DMM DISCLAIMS ALL WARRANTIES WITH REGARD TO THE DMM DATA, EITHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  DMM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DMM DATA OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL DMM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DMM DATA (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST INFORMATION, LOST SAVINGS, LOST PROFITS OR BUSINESS INTERRUPTION), EVEN IF DMM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL DMM BE LIABLE IN DAMAGES IN CONTRACT, TORT OR OTHERWISE IN EXCESS OF THE AMOUNTS RECEIVED BY DMM FOR THE DEFECTIVE DMM DATA DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.  IN NO EVENT MAY YOU BRING AN ACTION AGAINST DMM MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ARISES.

Your Indemnity
You will defend, indemnify and hold DMM harmless from and against any claim arising out of or in any way related to (i) your use of DMM Data and (ii) any breach of these terms of use by you.  DMM reserves the right to assume the exclusive defense of any matter subject to indemnification by you, at your expense, and you shall not settle any such matter without the prior written consent of DMM.

No Transfer of Rights
You may not transfer your subscription or the license granted under these terms of use to any other person or entity without advanced written consent, which DMM wiil not unreasonably withhold.

Government Users
U.S. Government end users acknowledge that the DMM Data constitutes commercial technical data as that term is used in the Federal Acquisition Regulations and the Department of Defense Federal Acquisition Regulations and that DMM owns all rights in the DMM Data.

Privacy
When you purchase a subscription or other product or service from DMM, DMM collects certain personally identifiable information about you.  DMM may use or disclose this information to conduct research on and to improve the Product, to perform customer service and support, to fulfill your requests for products and services, and to provide you by e-mail or by mail with information regarding DMM's products and services.  In some but not all circumstances, at the time you submit personally identifiable information, DMM may provide you with the opportunity to "opt out" of some uses or disclosures of personally identifiable information. In addition, regardless of whether you exercise an opportunity to opt out, DMM reserves the right to use or disclose the information DMM collects whenever DMM has reason to believe that use or disclosure may be necessary to identify possible violations of these terms of use or a License, to identify, contact or bring legal action against persons or entities who may be violating your rights, DMM's rights or the rights of others, or if DMM believes that DMM is required to do so to respond to legal process or otherwise to comply with law.  DMM also reserves the right to use and disclose the information DMM collects to protect the security of DMM's software, products and services, websites and users, to protect DMM from liability, and in connection with a merger, acquisition or liquidation of the company.  DMM takes steps to protect the security of the personally identifiable information DMM collects, including, for example, physical, electronic, and procedural safeguards.

Additional Privacy policy details for Bing Maps: Microsoft/Bing maps privacy policy


Modifications
DMM is continuously updating and changing the DMM Data and related software and documentation.  DMM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DMM Data (or any part thereof) with or without notice. You agree that DMM will not be liable for any modification, suspension or discontinuance of the DMM Data (or any part thereof). DMM reserves the right to modify these terms of use at any time by posting revised terms on this website. Your continued use of the DMM Data will be governed by the terms of use in force at the time of your use.

Entire Agreement
This Agreement together with your purchase order, written agreement or other evidence of purchase constitutes the entire understanding between the parties relating to the DMM Data.

Waivers
No delay or failure to exercise any right or remedy provided for in these terms of use will be deemed to be a waiver.

Severability
If any provision of these terms of use is held invalid or unenforceable, for any reason, by any arbitrator, court or governmental agency, department, body or tribunal, the remaining provisions will remain in effect.  

Governing Law
These terms of use are governed by the laws of the State of New York, U.S.A., without regard to New York's conflict of laws provisions.

Jurisdiction
Any party bringing a legal action or proceeding against the other party arising out of or relating to these terms of use or the transactions it contemplates shall bring the legal action or proceeding in either the United States District Court for the Southern District of New York or in any court of the State of New York sitting in New York, NY, or in White Plains, NY, U.S.A.  Each party consents to the exclusive jurisdiction of such courts in any such action or proceeding.

FURTHER INFORMATION
For further Information about DMM's licensing policies or products, contact DMM at:

Address: Directory of Major Malls, Inc., P.O. Box 837,Nyack, NY  10960
Tel:         845-348-7000
E-mail:     staff@shoppingcenters.com
Web:        www.shoppingcenters.com

Last revision: 06/1/2014