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Poag Development Group

Corporate Headquarters
1770 Kirby Parkway, Suite 215
Memphis, TN 38138
Phone: 901.761.7604
Fax: 901.761.5325

Poag Development Group

Website Terms of Use

Last Modified: December 20, 2019

This site is a Poag Shopping Center LLC (“we”, “us”, “our”, and “the Company”) web site (the “Site” or “the website”). Your use of this Site is governed at all times by the following Terms of Use, as they may be amended from time to time (the “Agreement”). In our experience, it has become an undeniable fact that Internet users, and the public generally, have become more and more concerned that they are not being fully informed concerning the collection and use of their personal information. The intent of our Site is to inform you about our company. The intent of this document is to: (1) inform you of our commitment to you to make the site a safe and secure experience; (2) inform you of our privacy policy and our intended use of information provided by you (or agreement NOT to use information provided by you in certain ways); (3) inform you about the legal limitations we place on the site to ensure service without cost to you; (4) gain your understanding and agreement that you will comply with our “Netiquette” and legal rules concerning use of the Site. ANY USE BY YOU (“you” or “User”) OF THE SITE, INCLUDING ANY PURCHASE, WILL EVIDENCE YOUR CONSENT TO BE BOND BY THIS AGREEMENT, WHICH IS A LEGAL CONTRACT BETWEEN YOU AND US. ACCORDINGLY, YOU SHOULD NOT USE THE SITE IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. THIS SITE IS NOT INTENDED FOR THOSE UNDER THE AGE OF 13

1. License to Use the Site; Restrictions.

We hereby grant you a non-exclusive, personal, non-transferable, revocable license to use the Site in accordance with this Agreement; we reserve the right to suspend or revoke this license in our sole discretion without notice. You may download and print Content, including this Agreement, to your personal computing device solely for your own personal non-commercial use. “Content” means any data accessible on the Site, including without limitation text, images, video, graphics, audio files, software, and any combination thereof. You may not otherwise use, reproduce, alter, or modify Content in any way, nor may you transmit, distribute, or display Content to third parties. User may not alter, modify or change the Licensed Property in any way. We recommend that you download and print this Agreement for your records.

2. Changes to Terms of Use.

The terms of this Agreement may change from time to time. When you visit the Site, you are bound by the version of this Agreement that is in effect at the time of your visit. We may also, or instead, give notice of amendments by sending email to the email address you provided us during registration. If you cannot agree with such revised terms, signify this by discontinuing use of the Site.

3. Privacy.

Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on the “Privacy Policy” link). The policy explains how certain information about you is collected and may be used. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not agree with the Privacy Policy, you should not enter into this Agreement.

4. Links to Third-Party Web Sites.

As a convenience to you, the Site may provide links to other Internet web sites or banner advertisements that are not under our control (“Third-Party Web sites”). The products on such Third-Party Web sites are promoted and sold by the relevant third party and not by us. If you click on a link or banner ad for more information about a product offered by one of these Third-Party Web sites, a new browser window will open, and you will be transported to one of these Third-party Web sites and away from this Site. Your visit to these Third-Party Web sites, and any purchases you make from such web sites, are subject to the terms and conditions of such Third-Party Web sites, not the terms and conditions of this Site. Any links on the Site to Third-Party Web sites do not imply an endorsement of such sites by us, and no such Third-Party Web site is authorized to make any representation or warranty on our behalf.

5. No Warranties; As Is; Reliance on Information Posted.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

6. 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, or 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.

7. Limitation of Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Your Representations & Warranties.

User represents and warrants to Poag Shopping Center LLC that (a) User is over 18 years of age and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) All registration and other information provided by User is truthful, accurate and complete, including User’s legal name and e-mail address (c) User shall comply with all terms and conditions of this Agreement, including, without limitations, the provisions of Section 8, Prohibited Uses and Section12, Indemnification.

9. Prohibited Uses.

User is solely responsible for any and all acts and omissions that occur based on User’s use of the Site and User agrees not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) create a false identity or to otherwise attempt to mislead any person or Poag Shopping Centers LLC to the identity or origin of any communication; (b) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (c) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (d) engage in any other activity deemed Poag Shopping Centers LLC to be in conflict with the spirit or intent of this Agreement.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

10. Tennessee Law Governs

This Agreement will be governed and construed in accordance with the laws of the State of Tennessee, 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 state or federal courts in Shelby County, Tennessee, U.S.A. in all disputes arising out of or relating to this Agreement.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Memphis and County of Shelby, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its parent companies, subsidiaries, related companies or entities, agents, licensors, or respective owners, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates, parent companies, subsidiaries, related companies or entities, agents, licensors, or respective owners. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

12. 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, disclosures, and links to other pages within this Agreement, constitutes the entire agreement between you and us.

13. Indemnification.

User agrees to indemnify, hold harmless and defend Poag Shopping Centers LLC, its parent, affiliates, subsidiaries, shareholders, directors, officers, licensors, suppliers, successors, assigns, employees and agents from and against any action, cause, claim, damage, debt, award, loss, cost, expenses, demand or liability, including reasonable costs and attorney’s fees, asserted by any person arising out of or relating to: (a) this Agreement; (b) your use of the Site other than is expressly authorized herein, and (c) and any unacceptable use of the Site which is prohibited as unacceptable at Section 9.

14. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

15. Geographic Restrictions

The owner of the Website is based in the State of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Termination.

This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. All temporary usage licenses granted to User expire on termination. User may terminate this Agreement for any reason upon notice to Company. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend User’s access to or use of all or any portion of the Site; and terminate this Agreement.

17. Headings.

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

18. Force Majeure.

If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, acts of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such excuses.

19. Survival.

The terms and provisions of Sections 2 through 6, 8, 9, 10, 11, 12, 15, 17, 18 and 19 shall survive any termination or expiration of this Agreement.

USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND POAG SHOPPING CENTERS LLC PRIVACY POLICY.

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