The following Terms and Conditions (the “Terms”) govern your access and use of all portions of Seritage Growth Properties (“Seritage”) web site and all content provided therein (the “Web Site”).
1. Acceptance of Terms and Conditions
By accessing or using the Web Site you agree to be legally bound by the Terms. If you do not agree to all of the Terms, you should not access or use the Web Site, or use or obtain the information, products and/or services provided through the Web Site.
2. Modification of Terms
3. Access at Seritage’s Sole Discretion
Seritage reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
4. Disclaimer and Limitation of Liability
All information contained on and material obtained by you on the Web Site is provided “As Is” for use at your own risk. Seritage, AND ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES (ALL THE “sERITAGE pARTIES”), disclaim to the fullest extent permitted by law any warranties and representations of any kind, whether express or implied, including, without limitation, warranties of fitness or accuracy or any other warranty which may otherwise be applicable or created by operation of law, custom, trade usage or course of dealings. Seritage makes no representation that (i) the Web Site or information therein will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the information that may be obtained from the use of the Web Site (including any information and materials on the Web Site) will be compliant, correct, complete, accurate or reliable for any purpose.
TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, IN NO EVENT SHALL ANY OF THE SERITAGE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE.
You agree not to use the Web Site in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law.
You agree to indemnify, defend, and hold harmless the Seritage Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms, with the applicable Seritage Party having the exclusive right to control such defense including selecting counsel.
5. Privacy Notices
If and when Seritage collects or uses information from or about you, Seritage will do so in a responsible manner consistent with these Terms and our obligations under the law.
Seritage collects non-personally identifiable information regarding your visit to the Web Site, such as, without limitation, user location, user devices and IP address information. Seritage utilizes third party software to collect this information, such as Google Analytics. Seritage reserves the right to change its data collection methods, providers and/or software, in its sole discretion.
Seritage may also collect personally identifying information about you. Personal information is data specifically about you, which you provide on a voluntary basis, and is used to enable Seritage to provide the specific product, service or information you have requested, in addition to the other uses described herein. By using the Web Site and providing any information to us, you are acknowledging that the Web Site is not a secure site and that data transmissions via email or the Web Site forms are inherently insecure. You agree not to provide any information through the Web Site or email that you would not want shared with others. You agree not to send Seritage any financial information through the Web Site or email, and further understand that information received from you may be used by Seritage for any or all of the reasons described herein. NONE OF THE SERITAGE PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO INFORMATION ON OR SUBMITTED THROUGH THE WEB SITE, REGARDLESS OF THE LEVEL OF CARE USED BY SERITAGE.
Seritage may use your personal and non-personal information obtained through the Web Site or email for a number of different reasons, including, but not limited to, communicating with you and improving our services. Seritage will not sell personal information or information regarding your visit to the Web Site to any third party.
Seritage may disclose your information (1) if Seritage determines a violation of the Terms has occurred, (2) if Seritage believes such disclosure is necessary to identify or bring legal action regarding injury or interference with the rights of Seritage or another user of the Web Site, (3) to respond to legal process or as otherwise required by law, and (4) to assist Seritage in fraud protection or investigation.
6. Third Party Content
Seritage is not responsible for the content of any site owned by a third party that may link to the Web Site, or that may be accessible through the Web Site. Any links among the Web Site and another site is not an endorsement of such other site or content therein and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any such third party site.
7. Intellectual Property
All intellectual and/or other proprietary rights, including but not limited to all trademarks, copyright and other material, in or disclosed on, or accessible through, the Web Site is, as between you and Seritage, owned by Seritage. Any copying of such content other than for your own personal, non-commercial use, without written permission from Seritage, is strictly prohibited.
You will not use any content, any derivation thereof, the names “Seritage”, “Seritage Growth Properties” or any other trademark of Seritage or any derivations thereof (the “Trademarks”) in any advertising/marketing materials or permit disclosure in any communication in any manner whatsoever. Without Seritage’s consent, you shall not (i) sublicense, publish, transmit, transfer, sell, reproduce, distribute, display, alter or in any way exploit the content, (ii) combine, mix or integrate the content with other information, (iii) use or actively market the content, other than use for internal purposes, or (iv) distribute the content or any portion thereof.
8. Infringement Claims
Seritage respects the intellectual property rights of others. Any notices of believed infringement may be sent to the agent identified below. In accordance with 17 U.S.C. § 512, the notice must identify:
- A physical or electronic signature of the copyright owner or person authorized to act;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing;
- Your contact information;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
Notice of copyright infringement claims may be sent to:
Seritage Growth Properties
489 Fifth Avenue, 18th Floor
New York, New York 10017
Attn: General Counsel
9. Jurisdiction for Disputes
These Terms shall be construed in accordance with the laws of the state of New York and any disputes concerning the same or any of the information or materials on the Web Site shall be resolved in the courts of New York.
10. No Confidentiality of Submissions by You Except as Required by Law
Except as otherwise required by law, any information submitted by you on the Web Site or in connection with your use of the Web Site, is not considered and will not be treated as confidential.
11. No Investment Advice, Solicitation, or Representations as to Future Performance
The Web Site is provided for information purposes only. The information provided on the Web Site should not by be construed as investment advice, legal advice, or a recommendation or solicitation to buy, sell or invest in any real estate, securities or other investment related service or product. Users of the Web Site hereby acknowledge the following (i) they are capable of making their own investment decisions without relying on the content from the Web Site, (ii) Seritage is not recommending or selling any real estate, securities or other investment related service or product through the Web Site, and (3) the content contained on this website has not been tailored to a user’s specific investment objectives and should not be construed as investment advice.
The Web Site may include forward-looking statements concerning operations, prospects and investment strategies which are based on current opinions, expectations and projections and are subject to significant risks, assumptions and uncertainties that may cause actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by these forward-looking statements. For a discussion of certain applicable risks, assumptions and uncertainties, see the “Risk Factors” and forward-looking statement disclosure contained in filings with the Securities and Exchange Commission. We intend any forward-looking statements to speak only as of the time made and do not undertake to update or revise them as more information becomes available, except as required by law. No reliance should be placed on any such forward looking statements and users should consult with their financial, legal and other advisers in connection with any investment or financial decisions or purchasing any real estate, securities or investment related service or product.
Nothing contained on the Web Site should be interpreted to state or imply that past results are an indication of future performance. The Seritage Parties shall not be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness, or for any delay, error or interruption in the transmission thereof to the user. THERE ARE NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO ACCURACY, COMPLETENESS, OR RESULTS OBTAINED FROM ANY INFORMATION POSTED ON THIS OR ANY LINKED WEBSITE.