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www.cityplace.com
By using this website (www.cityplace.com) (the "Site") you signify your agreement to the following terms and conditions of use (the "Terms of Use"). Please read the Terms of Use carefully before using the Site. A/R Retail LLC ("Operator") may at any time revise the Terms of Use by updating this posting. The Terms of Use are binding between you and Operator; therefore you should periodically visit this page to review the then current Terms of Use to which you are bound. If you do not wish to be bound by the Terms of Use you must discontinue use of the Site.
Purpose of the Site
The City Place Site, is available to its visitors exclusively for informational, non-commercial purposes. The materials displayed on the Site do not constitute an offer to sell, lease, or provide products, foods or services. The Site may contain advertisements for third party special offers and quotations. Operator is not responsible for the truth or accuracy of such advertisements, the terms and conditions of any offers, the validity of any price quotations, or the quality of any goods or services advertised. The Site may contain advertisements or announcements for events being held in or around City Place. Operator is not responsible for the truth or accuracy of any advertisement or 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.
Restriction on Use of Materials
The Site is owned and operated by Operator. All materials incorporated in or accessible through the Site, 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 Site), are protected by United States and international copyright laws, and are owned, or controlled by Operator or by the original creators of such materials, or their respective assignees, as applicable. Permission is granted to display and navigate around the Site, solely for personal, non-commercial use. Any commercial or public use of the Site or any portion thereof is strictly prohibited. Except as otherwise permitted by Operator, no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Site 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 Site for public or commercial purposes, including the text, images, audio, and video, without the express written permission of Operator, to be granted in its sole discretion. Operator does not warrant or represent that your use of materials displayed on the Site will not infringe upon rights of third parties not owned by or affiliated with Operator. Operator disclaims any responsibility for the content of any third party materials provided through or on the Site. No right, title, or license in the Site or any materials contained thereon will be granted or transferred to you as a result of any permitted use of the Site.
Disclaimer of Warranties
OPERATOR SHALL MAKE sound efforts to ensure 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. OPERATOR 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. OPERATOR 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 OPERATOR. OPERATOR 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, OPERATOR 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 OPERATOR 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. OPERATOR 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.
Privacy
Use of the Site constitutes acceptance of the privacy policy put forth by Operator on the Site (the "Privacy Policy"). Please review the Privacy Policy, which explains the method in which personal data is collected and used. Please note that any and all Third Party Web Pages are subject to their own privacy policies. Operator reserves the right to change, and/or amend the Privacy Policy without prior notice. It is your responsibility as the visitor to periodically review the Privacy Policy. Your use of the Site is deemed acceptance of the Privacy Policy in effect at the time of visitation.
Trademarks/Service Marks
All trademarks, service marks, trade names, logos, and icons (collectively, the "Trademarks") used by Operator are proprietary to Operator and various third parties as applicable. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks displayed on the Site without the written permission of Operator or such third party that may own the Trademarks displayed on the Site. Any reproduction or use of the Trademarks displayed on the Site without the express written consent of Operator or such third party that may own the Trademarks is strictly prohibited.
Termination
You agree that Operator, in its sole discretion, may terminate your use of the Site, for any reason, including, without limitation, if Operator believes that you have violated the Terms of Use. Operator may at any time without notice, discontinue the Site or any part of it. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree that Operator will not be liable to you or any third party for any termination of your access to the Site.
Indemnification
By using the Site, you agree to indemnify and hold Operator and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, arising from your use of the Site or your breach of the Terms of Use or 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 Operator to act with respect to subsequent or similar breaches.
Governing Law and Forum
Any disputes arising out of or related to the Site 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 Site 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.
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 Operator 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 Site.
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