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Terms of Use

These Terms of Use (this "Agreement") is provided by Brookfield Properties Retail Inc. (“Brookfield Properties Retail,” “Us,” “Our,” or “We”) and communicates details and terms concerning Our marketing programs including email and texting programs, mall mobile applications, mall websites, digital platforms, and customer service survey programs (collectively, “Brookfield Properties Retail Sites, Survey, & Club/App Programs”). Brookfield Properties Retail provides these marketing and customer service survey programs to Brookfield Property REIT Inc.  (“BPR”) and its affiliates. Brookfield Properties Retail Sites, Survey, & Club/App Programs provide services to BPR customers that include retailer discounts, prize promotions, shopping guides, parking related services and wayfinding, as well as information on events, fashion, retailer promotions and collaborations and offers involving Us or Our business partners and allows customers to provide feedback regarding their experience at BPR malls (collectively the “Services”).

ACCEPTANCE OF TERMS: All Brookfield Properties Retail Sites, Survey, & Club/App Programs are subject to these Terms of Use. By using the Services or registering for Brookfield Properties Retail Sites, Survey, & Club/App Programs you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including, without limitation, U.S. laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. If you do not agree to these Terms of Use, please do not use or engage in Brookfield Properties Retail Sites, Survey, & Club/App Programs. 

Please read the Terms of Use carefully as they contain important information, including how any disputes between you and Brookfield Properties Retail must be resolved through arbitration or small claims court.

We may translate this Agreement into other languages; any inconsistencies among the different versions will be resolved in favor of the English version.

INTENDED AUDIENCE/USE: All the information, communications, software, photos, text, video, graphics, music, sounds, images and other materials and services (collectively the “Content”) on or presented through the Brookfield Properties Retail Sites, Survey, & Club/App Programs is intended for the lawful use of the general public, age 16 or older. Such Content may not be used for any commercial purpose without permission from Brookfield Properties Retail or the rightful owner. Brookfield Properties Retail controls and operates its Services and Brookfield Properties Retail Sites, Survey, & Club/App Programs from the United States of America and Brookfield Properties Retail does not represent that these materials are appropriate or available for use in other countries. 

INTELLECTUAL PROPERTY/RESTRICTIONS ON USE OF CONTENT: You are advised that Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. You are granted permission to access the Content, in whole or in part, solely for your personal, non-commercial use. All other use of Content including, but not limited to, uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works, distribution, display, incorporation into another web site, or in any other way exploiting any of the Content, in whole or in part, other than as expressly or previously permitted, may not be made without Brookfield Properties Retail's prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, Brookfield Properties Retail is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner. 

SUBMISSIONS/SECURITY: Brookfield Properties Retail does not guarantee the security of any information transmitted or collected, however, we make commercially reasonable efforts to safeguard the confidentiality of your user information, these include secure servers and firewalls. We request that you do not forward additional information to Brookfield Properties Retail that is not requested by Brookfield Properties Retail, such information will be considered non-confidential and may be used by Brookfield Properties Retail or its affiliates without compensation to you. You are prohibited from using Brookfield Properties Retail Sites, Survey, & Club/App Programs to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You may not send submissions, content, or comments to Brookfield Properties Retail through Our customer service channels that you consider proprietary.

LINKS TO THIRD-PARTY WEB SITES: Links provided on various platforms or in communications may provide the User with easy access to a site not under the control of Brookfield Properties Retail, accordingly, Brookfield Properties Retail makes no representations whatsoever concerning the content of those sites. The fact that Brookfield Properties Retail has provided a link to a site is not an endorsement by Brookfield Properties Retail. Brookfield Properties Retail is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website. 

PARTICIPATION IN PROMOTIONS AND ACTIVITIES: If you choose to participate in a promotion, survey, or other Brookfield Properties Retail-sponsored activity (“Activity”), you agree to comply with any rules and regulations governing such Activity. As a condition of your continued participation in the Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: 1) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; 2) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; 3) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: 1) interfere with or disrupt the service or servers or networks connected to Our Services; 2) collect or store personal User Information; 3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Activity. You agree that Brookfield Properties Retail may disqualify you from participating in an Activity if We suspect foul-play and We may work with local, state, or federal officials or agencies if We or suspect illegal activity. 

SPECIFIC PROGRAMS:

EMAIL PROGRAMS:

  • To stop receiving Our promotional emails, you can follow the instructions in any promotional message you get from Us.  Even if you opt out of getting marketing messages, We may still send you transactional messages.

TEXTING PROGRAMS:

  • To opt-out of receiving marketing text messages from Us, text “STOP” (you will receive a confirmation message) to 50304 from the mobile device that we sent a message to.   You may also email the word “STOP” along with your mobile phone number to TheClub@brookfieldpropertiesretail.com.  
  • Message and data rates may apply when sending or receiving texts so please review your agreement with your carrier.
  • By agreeing to receive text messages from Us, you will receive automated messages to the phone number you provided.
  • Customer service support for any Club member is available at TheClub@brookfieldpropertiesretail.com or by texting "HELP" to 50304. 
  • Brookfield Properties Retail's mobile programs send marketing messages via text using the Short Code 50304. Additional texts may be sent to comply with government regulations or to disclose changes to the terms and conditions of Our program.
  • When you provide your consent to join one of our texting programs, including a sweepstakes promotion, you are providing your consent to receive autodialed messages from us to the number you provided.  Checking an unchecked box or sending the text message reply of “Yes” is your signature and written consent.  Consent is not required for, and is not a condition of, a purchase.  Expect to receive the number of autodialed messages disclosed to you by us and agreed upon by you. Sponsor is not responsible for texting fees charged by a mobile carrier and not all carriers participate.

SURVEY PROGRAM: By providing your contact information in a survey or by electing to receive Our surveys, you have agreed to allow Us to contact you. Our surveys and communications may be sent by Brookfield Properties Retail, or a third-party vendor (“Survey Provider”) that Brookfield Properties Retail has hired, in order for Us to provide the Services. To opt-out of receiving communications relating to our survey program, please follow the applicable instructions in Our communication to you concerning our Survey program.

PRIZE PROMOTIONS: If you decide not to be involved in one of Our programs, you may still remain an entrant in certain contests or sweepstakes and be contacted by Us in connection with the prize promotion you entered. Please refer to the Official Rules of the promotion you entered for complete details. 

WI-FI ACCESS: Electing to access Wi-Fi at a BPR mall requires a user to agree to an entirely different privacy policy and terms of conditions (“WiFi Agreement); this WiFi Agreement is available to you when you attempt connection to Brookfield Properties Retail’s Wi-Fi.

BROOKFIELD PROPERTIES RETAIL APP:

·         You may use the Brookfield Properties Retail App solely for private and personal purposes. Brookfield Properties Retail grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Brookfield Properties Retail App for your own, non-commercial purposes, and subject to this Agreement. For example, you may not: (i) offer to third parties a service of your own that uses the service; (ii) offer to rent or lease or sell the service; (iii) offer the service to the public or integrate it within a service of your own; (iv) interfere with or violate any third party or other user's right to privacy or other rights, or harvest or collect personal information about visitors or users of the service and/or Brookfield Properties Retail App without their express consent; or (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. When using or interfacing with the Brookfield Properties Retail APP, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. The examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities.  Brookfield Properties Retail retains the right to block your access to the Brookfield Properties Retail App and discontinue your use of any service, at any time and for any reason Brookfield Properties Retail deems appropriate, at its sole and absolute discretion. 

·         You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Brookfield Properties Retail App, and you further agree and acknowledge that your use of or reliance on the Brookfield Properties Retail App is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Brookfield Properties Retail App. Any Internet connection required to use the Brookfield Properties Retail App, and any associated charges (e.g. mobile data expenses), is your exclusive responsibility. 

·         Brookfield Properties Retail exerts efforts to provide you with a high quality and satisfactory service; We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, accurate, free of malfunctions, bugs or failures, including, but not limited to hardware or software failures. Additionally, and without derogating from the above DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY clause, Brookfield Properties Retail disclaims any warranties relating to the accuracy of the maps, parking guides, traffic or road conditions, directions, or routes presented or displayed in the Brookfield Properties Retail App. 

·         Directions for in-mall navigation and assumption of risk; We strive to be as accurate as possible when we provide store locations and directions to navigate our mall (collectively, “Directional Services”), however, this information may be incomplete or inaccurate and store locations may change. By using the Our Directional Services, you agree to be responsible, at all times, for your actions and the consequences resulting from your actions.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY:  BROOKFIELD PROPERTIES RETAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR SERVICES OR BROOKFIELD PROPERTIES RETAIL SITES, SURVEY, & CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BROOKFIELD PROPERTIES RETAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROOKFIELD PROPERTIES RETAIL SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. BROOKFIELD PROPERTIES RETAIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE ITS SERVICES OR BROOKFIELD PROPERTIES RETAIL SITES, SURVEY, & CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BROOKFIELD PROPERTIES RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BROOKFIELD PROPERTIES RETAIL'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER. 

BREACH & INDEMNITY:  Without derogating from any applicable law, you agree to indemnify and hold harmless Brookfield Properties Retail and its parent companies, subsidiaries, affiliates, employees, officers, directors, agents, and each of the shopping center owners who have contracted with Brookfield Properties Retail (collectively, “Indemnified Parties”), from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of this Agreement. In view of the fact that content and services provided by Brookfield Properties Retail are free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Brookfield Properties Retail, its employees, officers, directors or agents as a result of your violation of this Agreement, including but not limited to legal expenses and attorney fees. 

TERMINATION: You agree that Brookfield Properties Retail, in its sole discretion, may terminate or restrict your use or access to certain Services or Brookfield Properties Retail Sites, Survey, & Club/App Programs for any reason, including, without limitation, that Brookfield Properties Retail believes you have violated or acted inconsistently with the letter or spirit of this Agreement, or the terms of a sweepstakes, contest, or other promotion. 

ARBITRATION & CLASS ACTION WAIVER:  Effective October 8, 2015, by using the Brookfield Properties Retail Sites, Survey, & Club/App Programs in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Brookfield Properties Retail and its parent companies, subsidiaries, Indemnified Parties, and affiliates (all such individuals and entities collectively referred to herein as the “Company Entities” or singularly as “Company Entity”) arising out of, relating to, or connected in any way with the Brookfield Properties Retail Sites, Survey, Club Programs, & Our Wi-Fi Service or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by the Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Brookfield Properties Retail Sites, Survey, & Club/App Programs; (4) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Brookfield Properties Retail agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Brookfield Properties Retail will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use, the Company Entities may resort to court action for injunctive relief at any time.  Further, notwithstanding any other provision of these Terms of Use, you and the Company Entities may mutually agree to resolve any claim, dispute or controversy in small claims court.

GENERAL INFORMATION: You agree that the statutes and laws of the United States apply when you access Our Services and partake in Brookfield Properties Retail Sites, Survey, & Club/App Programs. This Agreement is governed by the internal laws of the State of Illinois without regard to principles of conflict of laws. You agree that, to the extent any dispute is determined to fall outside of the arbitration clause & class action waiver above, any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Chicago, Illinois, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of Our Services or Brookfield Properties Retail Sites, Survey, & Club/App Programs must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions. 

The failure of Brookfield Properties Retail to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. 

VIOLATIONS & NOTICES: We rely on Our users to bring copyright infringement matters to Our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement may contact TheClub@brookfieldpropertiesretail.com. Please report any violations of this Agreement by sending us written notice at one of the following addresses (We accept such notices via mail or email), email us at TheClub@brookfieldpropertiesretail.com

Brookfield Properties Retail Inc. 
Attn: Marketing Database Manager (Club/Survey)
350 North Orleans Street, Suite 300
Chicago, IL 60654

WE MAY UPDATE THIS AGREEMENT:  From time to time we may change this Agreement. We will notify you of any material changes to this Agreement to the extent required by law. We will also post an updated copy on our websites. Please check our websites periodically for updates. Your continued use of our websites means that you consent to the terms as set out in the updated Agreement.

WI-FI ACCESS TERMS OF USE 

Lasted updated:  January 9, 2020

Brookfield Properties Retail Inc. (“Brookfield Properties Retail”, “our” or “we”) provides Wi-Fi service (“Our Wi-Fi Service”) to you at select shopping centers without a fee if you join our marketing program (“Marketing Program”) and acknowledge that you have read and agree to this Wi-Fi Access Privacy Policy and Terms of Use (the “Wi-Fi Agreement”).  Your use of Our Wi-Fi Service constitutes your agreement to join our Marketing Program and your acceptance of this Wi-Fi Agreement. 

Please read this Wi-Fi Agreement carefully as it contains important information, including how any disputes between you and Brookfield Properties Retail must be resolved through arbitration or small claims court. 

Intended Audience/Use. Anyone joining our Marketing Program or using Our Wi-Fi Service must be age 16 or older. Brookfield Properties Retail controls and operates its Marketing Program and Our Wi-Fi Service from the United States of America and Brookfield Properties Retail does not represent that these materials or programs are appropriate or available for use in other countries. 

Intellectual Property/Restrictions. You are advised that content viewable when using Our Wi-Fi Service or included in our Marketing Program is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. Such content, in whole or in part, is solely for your personal, non-commercial use and all other use of content, in whole or in part, may not be made without the owner’s prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, Brookfield Properties Retail is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner. 

Participation in Promotions and Activities.  If you choose to participate in a promotion, prize promotion, survey, or other Brookfield Properties Retail-sponsored activity (“Promotional Activity”), you agree to comply with any rules and regulations governing such Promotional Activity. As a condition of your participation in such Promotional Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: i) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; ii) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; iii) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: i) interfere with or disrupt the service or servers or networks connected to Our Wi-Fi Service; ii) collect or store personal information of others; iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted. You agree that Brookfield Properties Retail may disqualify you from participating in a Promotional Activity, if we suspect foul-play and we may work with local, state, or federal officials or agencies if we or suspect illegal activity. 

Updates. Before using Our Wi-Fi Service, please read this document carefully. Brookfield Properties Retail reserves the right to modify this Wi-Fi Agreement by updating the document and posting the current document. To the extent we determine, in our sole discretion, that a modification is material, we will publish the updated Wi-Fi Agreement and present them on the access screen you see when you initiate access to our Wi-Fi network.   To the extent a dispute arises, the version of the Wi-Fi Agreement in existence at the time of said dispute will govern.  Your access to, and continued use of, Our Wi-Fi Service represents your agreement to the current Wi-Fi Agreement. IF YOU DO NOT AGREE WITH THE WI-FI AGREEMENT, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE OUR WI-FI SERVICE. 

Access Limitations. Our Wi-Fi Service is not offered by Brookfield Properties Retail with the intent to allow unlimited, unrestricted access to the Internet and there is no guarantee of service. We may, at our sole discretion, restrict access to certain sites and prohibit certain communications from, or received by, a user. Additionally, we may impose a limitation on the amount of time a user may access Our Wi-Fi Service.

User's Obligations & Assumption of All Risks of Use/Limitation of Liability/Security. Under no circumstances will Brookfield Properties Retail, its parent companies, subsidiaries, the owners of the shopping centers who have contracted with Brookfield Properties Retail, or their respective officers, directors, employees, agents or affiliates (“Brookfield Properties Retail Parties”) be liable for any legal damages (whether based on tort, breach of contract or equitable theories) based on any claim of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, arising out of or as a result of the user's use of this wireless network. You agree to assume all risks including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses arising from, connected to, or resulting from use of this wireless network. You acknowledge and agree that Our Wi-Fi Service is not secure, that Brookfield Properties Retail has no responsibility to secure Our Wi-Fi Service, and that your use of Our Wi-Fi Service is at your own risk. As such, you should not transmit any credit card information, passwords or any other sensitive personal information while using the Our Wi-Fi Service. Anti-virus and security protection are your sole responsibility. You are strongly encouraged to provide virus and firewall protection for any device used to access any wireless network.

User's Acknowledgments/Authorized Use. By using this free wireless network, you are agreeing and acknowledging you have read and accepted this Wi-Fi Agreement and that you are authorized to use Our Wi-Fi Service. Further, you are agreeing to waive any claims against Brookfield Properties Retail Parties that may arise from your use or not being able to access content, communications, media, matter, websites, or the internet. You agree to only use Our Wi-Fi Service while you are a guest of our shopping center and that such use is subject to the terms and conditions of this Wi-Fi Agreement. You agree that you are responsible for your activities while using Our Wi-Fi Service including for any content, information and other materials you access or transmit via Our Wi-Fi Service. You acknowledge: i) the use of this wireless network may not be uninterrupted or error-free; ii) use of this wireless network may expose you or your device to security risks and that Brookfield Properties Retail does not guarantee the security of this wireless network; iii) and agree not to engage in any activity via Our Wi-Fi Service that is in violation of any applicable laws, rules, or regulations and to the indemnification statement included herein; and iv) your use of Our Wi-Fi Service is solely for your personal, non-commercial, lawful use and you agree not to reproduce, duplicate, copy, sell, exploit, or use any aspect of Our Wi-Fi Service for any unlawful, prohibited, or commercial purpose including, but not limited to:  a) conduct that is unlawful or infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission) or actions that violates another party’s or person’s privacy rights or other rights; b) conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk; c) conduct that interferes with the operation of, use of, or enjoyment of, any service, system or use of our shopping center; d) interference or interception of communications; e) violating the security or integrity of, or gaining unauthorized access to Our Wi-Fi Service, or any other service, system or communication; f) imposing unreasonable or disproportionately large loads on any system or infrastructure; g) committing fraud or sending spam, chain letters, or other unsolicited communications to any party; h) creating a "mail drop" for such communications, or engaging or permitting e-mail relay services; i) spoofing or otherwise impersonating any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header or sender identification information in any communication; j) harassing or threatening any party or encouraging violence; k) disseminating viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; l) engaging in conduct that exposes Brookfield Properties Retail or its service providers to civil or criminal liability; m) sending or receiving any material that could be considered harmful, hateful, defamatory, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable or could give rise to any civil or criminal liability under the law. 

Submissions/Links. We request that you do not forward additional information to Brookfield Properties Retail that is not requested by Brookfield Properties Retail, such information will be considered non-confidential and may be used by Brookfield Properties Retail or its affiliates without compensation to you. You may not send submissions, content, or comments to Brookfield Properties Retail that you consider proprietary. Links provided on various platforms or in communications may provide you with easy access to a site not under the control of Brookfield Properties Retail, accordingly, Brookfield Properties Retail makes no representations whatsoever concerning the content of those sites. The fact that Brookfield Properties Retail has provided a link to a site is not an endorsement by Brookfield Properties Retail. Brookfield Properties Retail is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website. 

Indemnification. You agree to indemnify and hold harmless Brookfield Properties Retail Parties and each of its suppliers, from any claim, lawsuit, liability, loss, damage, cost, expense or attorney's fees arising out of or relating to your use of Our Wi-fi Service or how we use your information. 

No Warranty. This wireless network and any products or services provided on or in connection with this wireless network are provided on an “as is” and “as available” basis and without warranties of any kind. All conditions, representations, indemnities, guarantees and warranties (whether express, implied or arising by operation of law, custom or the prior statement(s) of any party), including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for a particular purpose, are hereby excluded and disclaimed.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY:  BROOKFIELD PROPERTIES RETAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR WI-FI SERVICE OR MARKETING PROGRAM. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BROOKFIELD PROPERTIES RETAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROOKFIELD PROPERTIES RETAIL SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. BROOKFIELD PROPERTIES RETAIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE, OR THE INABILITY TO USE, OUR WI-FI SERVICE OR OUR MARKETING PROGRAM, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BROOKFIELD PROPERTIES RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BROOKFIELD PROPERTIES RETAIL'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER. 

Arbitration & Class Action Waiver. Effective October 8, 2015, by using Our Wi-Fi Service and joining our Marketing Program, you unconditionally consent and agree that: i) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Brookfield Properties Retail Parties and our affiliates (all such individuals and entities collectively referred to herein as the “Company Entities” or singularly as “Company Entity”) arising out of, relating to, or connected in any way with Our Wi-Fi Service or our Marketing Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate; ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; iii) the arbitrator’s decision shall be controlled by the Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with Our Wi-Fi Service or our Marketing Program; iv) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; v) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; vi) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; vii) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Brookfield Properties Retail agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Brookfield Properties Retail will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and ix) with the exception of subpart v) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart v) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision in this Agreement, the Company Entities may resort to court action for injunctive relief at any time.  Further, notwithstanding any other provision of this Agreement, you and the Company Entities may mutually agree to resolve any claim, dispute or controversy in small claims court.

Additional Terms. Brookfield Properties Retail may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public’s safety is at stake. Brookfield Properties Retail assumes no obligation to inform you that your information has been disclosed to any lawful agency. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of Our Wi-Fi Service or these Wi-Fi Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Wi-Fi Terms are governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principles. You agree that, to the extent any dispute is determined to fall outside of the arbitration clause & class action waiver above, jurisdiction for any claims arising under these Wi-Fi Terms shall lie exclusively with the state or federal courts in Chicago, IL, USA. To the fullest extent permitted by applicable law, no claim under these Wi-Fi Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Application, and no class action proceedings will be permitted.

The section titles in this Wi-Fi Agreement are for convenience only and have no legal or contractual effect. If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions. The failure of Brookfield Properties Retail to exercise or enforce any right or provision in this Wi-Fi Agreement shall not constitute a waiver of such right or provision. 

Violations & Notices. We rely on our users to bring copyright infringement matters to our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement is encouraged to contact us. Also, please report any violations of this Wi-Fi Agreement by sending us written notice at one of the following addresses, we accept such notices via mail or email. 

Brookfield Properties Retail Inc.               
Attn: Marketing Database Manager
350 North Orleans Street, Suite 300
Chicago, IL 60654
Email address:  TheClub@brookfieldpropertiesretail.com 
312.960.5000

Last updated:  January 9, 2020