Terms-of-Use

Your access to and use of this website (www.theshopsatcolumbuscircle.com) (the “Website”) signifies your agreement, without limitation or qualification, to the following terms and conditions of use (the “Terms of Use”). Please read the Terms of Use carefully before using the Website. These Terms of Use include the Privacy Policy located here, which is incorporated and made a part of these Terms of Use. If you do not accept and agree to all of these Terms of Use, you are not authorized to use the Website or the services provided therein. By accessing or using the Website, you agree to be bound by these Terms of Use, including the Privacy Policy.

Modification of Terms
A/R Retail LLC (“Related”) may, at any time, modify, alter, or update the Website, these Terms of Use and the Privacy Policy without prior notice. If Related makes a material modification to these Terms of Use or the Privacy Policy, Related will notify you by displaying an announcement on the Website and placing an announcement above the text of these Terms of Use or Privacy Policy, as appropriate, for thirty (30) days. After the notice of such modification has been posted for thirty (30) days, the notice will be removed. A brief description of any material modification and the date it went into effect will be placed in the Historical Modifications section at the end of the Terms of Use or Privacy Policy, as appropriate. If you have not used the Website for more than thirty (30) days, you should check the Historical Modifications section for any modifications to the Terms of Use or Privacy Policy prior to any further use of the Website. In addition, Related may elect, in its sole discretion, to send an email to the email address you have provided in your account (if any) and/or send a text message to the mobile device number you have provided in your account (if any). If you wish to terminate your account due to a modification to these Terms of Use or the Privacy Policy, you may do so by contacting Related in the method described in the Contacting Related section of these Terms of Use. If you choose to continue using the Website, you agree that by doing so you will be deemed to accept the new Terms of Use or Privacy Policy, as relevant. Except as otherwise provided in this paragraph, these Terms of Use may not be amended. Please note that web sites launched by any affiliates, members, subsidiaries or divisions of Related may be governed by separate terms and conditions.

Purpose of the Website
The Website provides its visitors a variety of resources and functions for informational, promotional, and other purposes. The materials displayed on the Website do not constitute an offer by Related to sell, lease, or provide products, foods or services. The Website may contain advertisements for third party special offers and quotations (collectively “Offers”). Related is not responsible for the truth or accuracy of such Offers, the terms and conditions of any Offers, the validity of any price quotations in an Offer, or the quality of any goods or services advertised in an Offer. The Website may contain advertisements or announcements (collectively, “Announcements”) for events being held in or around The Shops at Columbus Circle. Related is not responsible for the truth or accuracy of any Announcement for any event, including, without limitation, the date, time, place or other details set forth therein. Please confirm any such information with the sponsor of the event. The Website may contain editorial and blog posts (collectively, “Editorial Materials”) that provide information related to The Shops at Columbus Circle or its merchants. Related is not responsible for the truth or accuracy of such Editorial Materials. To the extent the Website allows you to comment on, reply to, or otherwise post content, such content will be subject to Related’s approval, and Related may restrict, modify, or remove your content from the Website at any time at its sole discretion.

Restriction on Use of Materials
The Website is owned and operated by Related. All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Website), are protected by United States and international copyright laws, and are owned, or controlled by Related or by the original creators of such materials, or their respective assignees, as applicable. Related grants you permission to view and navigate around the Website, solely for personal, non-commercial use. Any commercial or public use of the Website or any portion thereof is strictly prohibited. Except as otherwise permitted by Related, no materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Website for non-commercial, personal use only; provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, transmit, reuse, modify, repost, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video, without the express written permission of Related, to be granted in its sole discretion. Related does not warrant or represent that your use of materials displayed on the Website will not infringe upon rights of third parties not owned by or affiliated with Related. Related disclaims any responsibility for the content of any third party materials provided through or on the Website. No right, title, or license in the Website or any materials contained thereon will be granted or transferred to you as a result of any permitted use of the Website.

By posting your content to any public area of the Website, including without limitation, message boards, blogs, profiles, forums, contests, and chat rooms, or by otherwise submitting or transmitting any such content to Related: (i) you acknowledge, represent and warrant that such content is original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents, and permissions to furnish and/or license such content and submit it to the Website, and that any “moral rights” in having the content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived; and (ii) you automatically grant to Related and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of Related or for any other purpose, in Related’s discretion. Related cannot be responsible for maintaining any content that you provide to it, and Related may delete or destroy any such content at any time.

Acceptable Use Policy
Valid Email Address. Should any services provided by the Website require the provision of an email address, you must supply and maintain a valid and verified email address in order to use such services. Invalid email addresses will be deleted from Related’s system and you will be denied access to the applicable services.

Unauthorized Use. Related authorizes you to view and access a single copy of the content available on or from the Website solely for your personal use. For any areas of the Website that require a userid and password to be accessed, only one individual may access such areas the Website using the same userid or password, unless Related agrees otherwise. Unauthorized use of the Website and Related systems including but not limited to unauthorized entry into any of Related systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. Related reserves the right, in its sole discretion, to immediately use technical means to block your access to the Website, revoke your account and/or seek all other legal remedies available for scraping content, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a “mirrored”, competitive, or third party site.

Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the “Website Content”) are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of Related or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Related and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy you make of such content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of Related, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Related or its licensors, that dilutes the strength of Related’s or its licensor’s property, or that otherwise infringes Related’s or its licensor’s intellectual property rights. You may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Related creates to generate or display any Website Content or the pages making up the Website is also protected by Related’s copyright and you may not copy or adapt such code.

Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:

• accessing data not intended for you or logging into a server or account that you are not authorized to access

• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization from Related;

• attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Related will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting you if you are involved in such violations.

Related also specifically prohibits the following:

• Posting content on the Website that contain hyperlinks, “hidden” keywords or keywords that are irrelevant or are otherwise misleading;

• Posting on the Website any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents;

• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);

• Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; or

• Aggregating, copying or duplicating in any manner all or part of the Website Content or information available from the Website, without express written consent from Related.

User Content and Submissions. You are solely responsible for your content including, without limitation, works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that you post on the Website or transmit to other users or Related personnel. You agree that in submitting your content or otherwise using the Website that you will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms of Use. If the Website supports the creation of user accounts, then you are also responsible for your account information and your profile.

Personal Information
If you are accessing this website from outside the United States, you acknowledge that any Personal Information you provide will be processed in the United States and other geographies as selected by Related in its sole discretion, and you hereby consent to the collection, processing, and use of your Personal Information in a manner consistent with our Privacy Policy and these Terms of Service.

Messaging Charges
Some services provided by the Website may enable you to receive messages on a mobile device. If you provide us with a mobile device number, you acknowledge that your mobile device service provider may charge you for receiving such messages and you are solely responsible for such charges. To discontinue receipt of mobile device messages, please reply “STOP” to opt out.

Disclaimer of Warranties
RELATED SHALL USE REASONABLE EFFORTS SO THAT THE INFORMATION CONTAINED ON THE SITE IS ACCURATE AND CURRENT; HOWEVER, YOUR USE OF THE SITE AND THE SERVICES AVAILABLE ON OR THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS CONTAINED THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RELATED DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RELATED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THERE MAY BE OTHER WEB SITES OR WEB PAGES THAT CAN BE ACCESSED THROUGH THE SITE (“THIRD PARTY WEB PAGES”) THAT OFFER PRODUCTS OR SERVICES OF COMPANIES OR ORGANIZATIONS INDEPENDENT OF RELATED. RELATED DOES NOT ENDORSE, APPROVE, OR CERTIFY ANY INFORMATION, PRODUCT OR SERVICE OFFERED OR PROVIDED AT SUCH THIRD PARTY WEB PAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, RELATED DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS OFFERED OR SOLD ON ANY THIRD PARTY WEB PAGE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS OR ANY THIRD PARTY WEB PAGE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

Limitation of Liability
YOU AGREE THAT RELATED AND ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, IF ANY, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WILLFUL CONDUCT OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS ADVERTISED ON THE SITE OR THIRD PARTY WEB PAGES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. RELATED ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Trademarks/Service Marks
All trademarks, service marks, trade names, logos, and icons (collectively, the “Trademarks”) used by Related are proprietary to Related and various third parties as applicable. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks displayed on the Website without the written permission of Related or such third party that may own the Trademarks displayed on the Website. Any reproduction or use of the Trademarks displayed on the Website without the express written consent of Related or such third party that may own the Trademarks is strictly prohibited.

Termination
You agree that Related, in its sole discretion, may terminate your use of the Website, for any reason, including, without limitation, if Related believes that you have violated the Terms of Use. Related may at any time without notice, discontinue the Website or any part of it. You agree that any termination of your access to the Website may be effected without prior notice. Further, you agree that Related will not be liable to you or any third party for any termination of your access to the Website.

Indemnification
By using the Website, you agree to indemnify and hold Related and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, arising from (i) your use of the Website; (ii) your breach of the Terms of Use; (iii) any information or material that you post or transmit through the Website; (iv) infringement by you or another user using your computer or account, of any intellectual property or any other right of any person or entity; or (v) your violation of any applicable law or the rights of any third party. A failure to act with respect to a breach by you or others does not waive the right of Related to act with respect to subsequent or similar breaches.

Governing Law and Forum
Any disputes arising out of or related to the Website shall be governed by and construed and enforced in accordance with, the laws of the State of New York without regard for the conflict or choice-of-law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Website or the Terms of Use shall be filed only in the state or federal courts of the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose.

Severability
The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement
The Terms of Use, together with those incorporated herein or referred to herein (including, without limitation, the Privacy Policy) constitute the entire agreement between you and Related relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Website.

Contacting Related
If you have any questions about these Terms of Use, your cancellation of use of the Website, the practices of the Website, or the information you have submitted to the Website, you can contact Related at guestservices@related.com.

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