Directory of Major Malls on the Web | ShoppingCenters.com
Last revision: 02/07/2022
By accessing any part of this website, you agree to be legally bound by the following Terms as modified from time to time.
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 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).
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 and are at least 18 years old. Unless otherwise agreed by both parties in writing, subscriptions are unique to each individual user and are intended to be used only by the named account holder.
Subject to and conditioned on your payment of any applicable fees and your compliance with these Terms, DMM hereby grants you a non-exclusive, non-sublicenseable, and non-transferable license during the Term to use the DMM Data identified in your purchase order, written agreement, or other evidence of purchase, solely for the permitted uses set forth in the section of this Agreement with the heading “Permitted Uses” (referred to herein as the “Permitted Uses”).
In the event of a conflict between these Terms 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 users is not permitted.
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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.
Limited License to Near Materials
If the Deliverables include provision of raw data and/or reports provided by Near Americas, Inc. (“Near”), Customer agrees to at all times be in compliance with the Near Limited License terms relating to the usage of such data and/or output (“Near Materials”) in that Customer will not: (a) Use Near Materials or reports for any illegal purpose; (b) except as expressly set forth in Section 3.1, Customer will not: (i) reproduce, publish, store, transmit, re-license, sell, transfer, assign, distribute, or otherwise use or make all or a portion of the Near Materials available to any third party; (ii) attempt to reverse engineer, reverse compile, or create derivative works of all or a portion of the Near Materials; (iii) use any part of the Near Materials in order to build a product or service which competes with the Near; (iv) remove or alter any intellectual property rights notices affixed to the Near Materials; (v) use the Near Materials for correlation with other data sets or with personally identifiable information; or (vi) under any circumstances share or disclose any Near raw data files (if provided) to customers or any third party. Without limiting the foregoing, in all cases, Customer will not use Near Materials for any of the following purposes: (A) employment eligibility, (B) credit eligibility, (C) health card eligibility, (D) insurance eligibility, underwriting, or pricing, or (E) in combination with any other data for correlation with personally identifiable information.
Limited License to Segmentation Data
If the Services include provision of segmentation data (“Segmentation Data”) through licenses with third-party providers, Customer’s usage of the Segmentation Data is subject to the applicable third-party license(s), which prohibit: (a) any disclosure or distribution of any portion of the Segmentation Data (also referred to as “Licensed Output”) to any third party; (b) duplication, modification, reverse engineering, decompiling, disassembly or decoding of the Licensed Output; (c) placing any portion of the Licensed Output on any website or retrieval system that may be accessed outside of Customer’s immediate organization; (d) using any portion of the Licensed Output for purposes of determining adverse terms and conditions of or eligibility of an individual for employment, credit, healthcare treatment, insurance (including, but not limited to health insurance), or for any purpose for which a consumer report may be used under the Fair Credit Reporting Act; (e) using any portion of the Licensed Output in any way that could result in disparate impact or treatment under the Equal Credit Opportunity Act or the Fair Housing Act; (f) using the Segmentation Data in a way that negatively characterizes any ZIP, ZIP+4, ZIP+6 or household or exclude any ZIP, ZIP+4, ZIP+6 or household in a way that could result in disparate impact or treatment on a prohibited basis under the Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) and Regulation B under that Act or the Fair Housing Act (42 U.S.C §§ 3601 et seq.); (g) any attempt to identify or re-identify an individual from any portion of the Segmentation Data; or (h) using any portion of the Licensed Output in any legal or administrative proceeding.
DMM may from time to time make Third-Party Products available to you. “Third-Party Products” means any third-party products provided with or incorporated into the services or the DMM Data. For purposes of these Terms, such Third-Party Products are subject to their own terms and conditions and any applicable flow-through provisions. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not use such Third-Party Products. DMM expressly disclaims any and all warranties with respect to any Third-Party Products. To use the DMM Data, you MUST accept Microsoft Bing Maps terms of service: https://www.microsoft.com/maps/product/terms.html and https://www.microsoft.com/maps/assets/docs/terms.aspx#11
In addition to any other restrictions and prohibitions set forth in these Terms, 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.
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”
Except as specifically set forth in these Terms, 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.
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
The use of automated systems or software to extract data from this website or access the DMM Data for commercial purposes (‘screen scraping’ or ‘data mining’) is prohibited.
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, 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.
Technical support is available upon payment of DMM’s applicable fees for support. To reach DMM customer support services, call 855-226-9017 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 email@example.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.
Availability of Mapping Component
The website uses Bing Maps services for the mapping component of the site. If in the future, Bing makes programming changes adversely affecting the mapping component, DMM will exercise commercially reasonable efforts to find a solution to the issue or replace the source used for the mapping component on the website. Regardless of the cause for this interruption, the subscriber is not entitled to compensation, service level credits, or an extension of their active subscription.
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 give you no right to use any DMM trademark.
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 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” and “as available” basis for general information only. 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.
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. THE DMM DATA, THE SERVICES, AND THIS WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE.”
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.
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 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 to any other person or entity without DMM’s advance written consent.
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.
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.
No delay or failure to exercise any right or remedy provided for in these Terms will be deemed to be a waiver.
If any provision of these Terms 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.
Choice of Law; Choice of Forum
These Terms are governed by the laws of the State of New York, U.S.A., without regard to New York’s conflict of laws provisions. Any party bringing a legal action or proceeding against the other party arising out of or relating to these Terms 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.
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