Thank you
for visiting Ala Moana Center online, a General Growth Properties,
Inc. ("we", "us", or "our") web
site (the "Site"). 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"). ANY USE BY YOU
OF THE SITE WILL EVIDENCE YOUR CONSENT TO BE BOUND 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.
- Your
Adoption of This Agreement
- Agreement
to Conduct Transactions Electronically
- License to Use the Site;
Restrictions - Intellectual Property and Trademarks.
- Changes
to Terms of Use
- Privacy
- No
Payment for Submission of Comments, Ideas, and Other Information
- Links
to Third-Party Web Sites
- NO
WARRANTIES; AS IS
- NO INCIDENTAL, CONSEQUENTIAL,
OR OTHER SPECIAL DAMAGES
- LIMITATION OF LIABILITY
AND EXCLUSIVE REMEDY
- Your
Representations & Warranties
- ILLINOIS
LAW GOVERNS; EXCLUSIVE COOK COUNTY JURISDICTION
- Claims
of Copyright Infringement
- Severability;
No Waiver; Entire Agreement
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Your Adoption of This Agreement.
YOU INDICATE YOUR CONSENT TO BE BOUND BY ALL TERMS AND CONDITIONS
OF THIS AGREEMENT IF YOU DO ANY OF THE FOLLOWING: USE THE SITE,
REGISTER WITH THE SITE (IF REGISTRATION IS OFFERED), SUBSCRIBE
TO ANY SERVICES ON THE SITE, OR CLICK ON A BUTTON AFTER BEING
INFORMED THAT CLICKING WILL EVIDENCE CONSENT TO THIS AGREEMENT.
As used in this Agreement, "you" are the person using
the Site or the person described in the registration form.
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Agreement to Conduct Transactions Electronically.
You agree that all of your transactions, if any, with or through
the Site may, at our option, be conducted electronically. You
further agree that we may determine (from time to time) to provide
all or any part of our services non-electronically, and that those
services will still be governed by this Agreement unless you enter
into a different agreement on a form provided by us. You agree
that we may communicate with you through electronic ("email")
messages, and if you forget or lose your password, you agree that
we may send it to you by email. If you do not wish to have your
transactions with or through the Site conducted electronically,
you should not enter into this Agreement and you should cease
all use of the Site.
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License to Use the Site; Restrictions - Intellectual Property
and Trademarks.
We hereby grant you a non-exclusive, 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 to your personal computing
device solely for your own personal non-commercial use. All Content
is the property of General Growth Properties, Inc. or its Content
suppliers. In addition, all trademarks and intellectual property
are also the property General Growth Properties, Inc. or its Content
suppliers and any use, misuse or copying of any trademarks or
intellectual property is prohibited without the express authorization
of General Growth Properties, Inc. "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. We recommend that you download and print
this Agreement for your records.
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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 provide notice
of such changes by posting them in the Amendments to Terms of
Use section of our Site, and you agree to check for such amendments.
We may also, or instead, give notice of amendments by sending
email to the email address you provided us during registration.
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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 may be used.
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No Payment for Submission of Comments, Ideas, and Other
Information.
You grant us a royalty-free, irrevocable, unrestricted,
nonexclusive worldwide license for all possible rights and all
possible media now known or later developed, to use, modify, copy,
sublicense, or display any submissions that you provide to us,
including but not limited to feedback or ideas regarding the Site,
Content, comments, suggestions, ideas, concepts, or other information
(collectively, "Submissions") for any purpose, commercial
or otherwise, without compensation to you, subject to the terms
of our Privacy Policy. Except as expressly provided in this Section
8, submissions shall not be subject to any obligation on our part,
including without limitation any obligation of confidentiality,
and we shall not be liable for any use or disclosure (including
publication in any medium) of any Submissions.
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Links to Third-Party Web Sites.
As a convenience to you, the Site may provide links to
other Internet web sites that are not under our control (“Third-party
Websites”). The products and/or services offered by such Third-party
Websites are sold by the relevant third party and not by us, and
such third parties shall be solely responsible for fulfillment
of any and all transactions involving products and services which
may be offered on the Third-party Websites. Your visit to Third-party
Websites is subject to the terms and conditions of such Third-party
Websites, and not to the terms and conditions of this Site. Any
links on the Site to Third-party Websites do not imply an endorsement
or warranty of such sites by us of any kind. Third-party Websites
are not authorized to make any representation or warranty on our
behalf. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES,
INCLUDING WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
AND MERCHANTABILITY, REGARDING ANY THIRD-PARTY WEBSITES AND REGARDING
ANY PRODUCTS OR SERVICES WHICH MAY BE OFFERED ON ANY THIRD-PARTY
WEBSITES.
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NO WARRANTIES; AS IS.
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND
SERVICES PROVIDED ON THE SITE, ARE PROVIDED TO YOU "AS IS"
AND "WITH ALL FAULTS", AND YOU ASSUME THE ENTIRE RISK
AS TO THE RESULTS AND THE PERFORMANCE OF THE SITE. WE HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR ANY CONTENT
OR SERVICES PROVIDED ON THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE.
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT
INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR OUR EFFORTS,
WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE DO NOT
GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO THE
AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, FUNCTIONALITY,
TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK
OF VIRUSES, OR OTHERWISE.
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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, 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.
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LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
To the fullest extent permitted by law, you agree that
your sole remedy for any breach of this Agreement will be the
substitution or replacement of all or part of the Site that gives
rise to damages incurred by you. You agree that this limitation
of liability will apply even if any remedy fails of its essential
purpose. In the event a court of competent jurisdiction determines
that we are liable for damages of any kind, you agree that such
damages shall not exceed Five Hundred Dollars (US$500).
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Your Representations & Warranties.
You represent and warrant that you possess the legal
right and ability to enter into this Agreement on your own behalf
or on behalf of any person for whom you are acting as agent, that
you are authorized to use the password required for this Site,
and that all information that you submit to us is true, accurate
and current. Further, you agree to defend, indemnify, and hold
General Growth Properties, Inc., and its affiliates, parents and
subsidiaries harmless against all losses, claims, damages, and
expenses, arising out of or relating to your breach of this Agreement
or your violation of any laws or the rights of third parties.
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ILLINOIS LAW GOVERNS; EXCLUSIVE COOK COUNTY JURISDICTION.
This Agreement will be governed and construed in accordance
with the laws of the State of Illinois, 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 courts in Cook County, Illinois, U.S.A. in
all disputes arising out of or relating to this Agreement. Use
of the Site is not authorized in any jurisdiction that does not
give effect to all provisions of this Agreement.
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Claims of Copyright Infringement
We rely on our users to bring copyright infringement
to our attention. Anyone who believes that their work has been
reproduced in such a way that constitutes copyright infringement
may contact customercare@generalgrowth.com.
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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 and disclosures on the Site, constitutes the entire agreement
between you and us.
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