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Terms and Conditions of Use

Terms & Conditions of Use

Starwood’s Technology

Last updated October 9, 2019

 

PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND STARWOOD.

Please carefully review the following terms and conditions of use (“Terms of Use”) that govern your use of our websites, including but not limited to all Starwood owned or operated websites (“Sites”), Wi-Fi (as defined below), and other online technology, products, services and programs (collectively “Services”) owned by Starwood Retail Property Management, Starwood Retail Partners and its subsidiaries, affiliates and related entities (“Starwood”, “we”, “us”, and “our”).  Additional or separate terms may apply to your use of other Starwood websites, services, or apps, or participation in any promotion, sweepstake or contest.  To the extent that the provisions of any additional terms conflict with these Terms of Use, the provisions of the additional terms will govern. By opting into any Starwood programs or downloading, installing, accessing or using any of our Sites or Services (collectively, “Technology”), you (“User”, “you” or “your”) agree to these Terms of Use below.  Do not access or use any of our Technology unless you agree to these Terms of Use in their entirety.

 

  1. GENERAL TERMS OF USE AND RESTRICTIONS ON USE

A. Access. Subject to these Terms of Use, Starwood grants Users a limited, revocable, nonexclusive, nontransferable right to access and make use of the Technology solely for the User’s individual and personal benefit and no other purpose (including any commercial purpose). If you do not comply with these Terms of Use, Starwood reserves the right to revoke your license or limit your access to the Site.

B. Wi-FiThe Services provide you with wireless access to the Internet via certain Internet access points located in shopping centers owned, operated and/or managed by Starwood (“Wi-Fi”).  Although Starwood reserves the right to do so, Starwood does not, as an ordinary practice, proactively monitor the activities of those who use the Wi-Fi or exercise any editorial control over any material transmitted, hosted or posted using the Wi-Fi to ensure that users comply with these Terms of Use and/or the law.  Your access to the Wi-Fi is completely at the discretion of Starwood and your access and use of the Wi-Fi may be prevented, blocked, suspended, or terminated any time for any reason by Starwood including, but not limited to, service disruptions, maintenance, your violation of these Terms of Use, your actions that may lead to liability for Starwood, or your violation of applicable laws or regulations.  You acknowledge and agree that the Wi-Fi is not secure; that Starwood has no responsibility to secure the Wi-Fi, and that your use of the Wi-Fi 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 Wi-Fi. Anti-virus and security protection are your sole responsibility.  You take full responsibility for your use of the Wi-Fi and the Internet. Starwood, including its employees and personnel, shall not be responsible for any minor's use of the Wi-Fi. Parents or guardians are solely responsible for restricting and monitoring their minors' access or use of the Internet through the Wi-Fi. You shall respect all copyright laws and licensing agreements pertaining to software, music and other resources obtained or accessed via the Internet.  Starwood may immediately terminate or suspend your access to the Wi-Fi, without notice, for (i) conduct that Starwood believes constitutes a violation of any law, rule, regulation or tariff (including, without limitation, copyright and intellectual property laws) and/or conduct that could expose Starwood to sanctions, prosecution, civil action or other liability; (ii) a violation of these Terms of Use, or any applicable policies or guidelines; or (iii) conduct that could cause harm to, or interfere with the integrity or normal operations of Starwood’s network(s) or facilities and/or interfere with another person's use of the Wi-Fi or the Internet. Starwood may also terminate or suspend your access to the Wi-Fi if you access the Wi-Fi through the use of inappropriate means or methods, including, without limitation, by providing false or inaccurate information.  Accessibility of the Wi-Fi is subject to the availability and operational limitations of the requisite equipment and associated facilities. You acknowledge and agree that temporary interruptions of the Wi-Fi may occur and that Starwood will not be liable for such interruptions. You further acknowledge and agree that Starwood has no control over third party networks that may be accessed by you during your use of the Wi-Fi, and that delays and disruptions of other network transmissions are beyond Starwood’s control. Starwood will not be liable for any failure of performance due to any cause beyond Starwood’s  reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or any equipment used by you to access and/or use the Wi-Fi. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WI-FI AND WILL NOT MAKE A CLAIM AGAINST STARWOOD AND/OR ANY THIRD PARTY PROVIDER FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WI-FI.

C. Children. ​​​​​​The Technology is not aimed at nor intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the Technology. Starwood does not accept registration from children under the age of 13 and no one under the age of 13 may provide any information to or through any of the Sites.  If you are above the age of 13 and under the age of 18, you must obtain parental consent before using any of the Technology.

D. Copyrights and Trademarks. All content and materials on the Technology, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Starwood and/or its third party licensors and is protected by United States and international copyright laws.  All trademarks, trade dress, service marks, and trade names are proprietary to Starwood. The content and materials are intended for your personal, noncommercial use.  You may make one copy of the materials displayed on the Technology for your personal, noncommercial use only.  No right, title or interest in any content or materials is transferred to you as a result of any such copying.  You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the content and materials on the Technology.

E. Restrictions on Use. You agree to use the Technology only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using Technology. While using the Technology, you will not:

  1. Violate any laws, regulations, third party rights, including intellectual property rights, or Starwood’s policies;
  2. Transmit any virus or pornographic, offensive, profane, insulting or harassing material or messages;
  3. Utilize any of the Technology to gain unauthorized access to any other systems or programs, transmit any material in violation of local, state or federal laws, or copy or download any commercial software or other materials in violation of United States copyright laws;
  4. Commit any vandalism, including but not limited to damaging computers, computer systems, or networks, and/or disrupting the operation of any Starwood or third party network;
  5. Be libelous, profane, defamatory, obscene, harmful, harassing, threatening, misleading, or discriminatory;
  6. Affect us adversely or reflect negatively on the Technology, Starwood, our goodwill, name or reputation;
  7. Take any action to circumvent, compromise or defeat any security measures implemented on any of the Technology, including to gain unauthorized access to any of the Technology, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to any of the Technology or use the Technology in any manner which violates or is inconsistent with these Terms of Use;
  8. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Technology or the rights or use and enjoyment of the Technology by any other person, firm or enterprise (collectively, “Person”); or collect, obtain, compile, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, posted by or concerning any other Person in connection with use of the Technology, unless you have obtained the express, prior permission of such other Person;
  9. Delete, hack, or attempt to change or alter any content or notices;
  10. Use or introduce into the Technology any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Technology, servers, or networks, crack passwords or security encryption codes, circumvent authentication technology, or take any other action that interferes with any use of the Technology;
  11. Use any automatic or manual device or process to harvest or compile information for any reason;
  12. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Technology is based;
  13. Introduce into the Technology any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
  14. Use any content made available through the Technology in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
  15. Collect, store or use personal data about other users, or otherwise attempt to access any other person’s information; or
  16. Decrypt, transfer, frame, display, or translate any part of the Technology.

F. Registration and Account Information. ​​​​​​To use certain services offered through the Technology, such as our rewards program, a User may be required to register an account.  When registering an account, you will receive login credentials (a username and password) and will be able to provide personal information such as your name, address and email address (“Registered Account”). As a registered User, you are required to maintain the confidentiality of your login credentials and you are responsible for all activities that occur under your Registered Account. Should you become aware of or suspect any unauthorized use(s) of your Registered Account, you must immediately notify Starwood.  You will ensure that you exit from your Registered Account at the end of each session when accessing the additional services.

G. Campaigns, Promotions, Contests and Sweepstakes. Starwood may, from time to time, sponsor particular campaigns, promotions, contests or sweepstakes via a variety of entry methods  (collectively the “Starwood Promotions”).  In order to participate in any Starwood Promotion, you must first agree to any separate official rules and regulations provided in connection with such Starwood Promotion.  Starwood Promotions that involve mobile device or text message methods of entry are administered by a third party Mallfinder Network LLC d/b/a PlaceWise Media (“Administrator”).  By participating in any Starwood Promotion via mobile device or text message, you must separately agree to the Administrator’s Mobile Terms and Conditions, available at https://starwoodretail.com/files/starwood_sms_terms.pdf, as well as all other official rules and regulations provided by Starwood. 

H. Mobile Devices. Your contract with Your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Technology on Your mobile device (“Mobile Device”).  You understand that Your Mobile Provider may charge You fees for Your use of its network while accessing or using the Technology, for data downloading, email, text messages, for roaming, and other Mobile Provider or third party charges, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.  You understand that the Technology is provided over the internet and mobile networks, so the quality and availability of the Technology may be affected by factors outside our control.  We do not guarantee that the Technology will be compatible or operate with Your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device You install on or use with Your Mobile Device.  We are not responsible if the Technology is unavailable or if You cannot download or access the Technology, for any compatibility or interoperability issues, or for any communication system failure which may result in the Technology being unavailable.  You will not:

  1. install, use or permit the Technology to exist on more than one Mobile Device at a time, or on any other Mobile Device or computer, other than by means of separate downloads of the Starwood sponsored mobile applications (“Apps”), each of which is subject to a separate license;
  2. distribute or link the Technology to multiple Mobile Devices or other services; or
  3. make the Technology available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time.

I. ​​​​​​​By providing the phone number for your Mobile Device to participate in our texting programs, you agree to  receive multiple texts from an automated system as well as recurring text messages from Starwood and third parties providing Starwood Promotions, and you may receive ongoing marketing text messages, monthly offers, alerts and other recurring messages from an automated system (up to six (6) per month). Starwood’s texting programs are administered by Mallfinder Network LLC d/b/a Placewise Media. By participating in any Starwood texting program, you are agreeing to Administrator’s Mobile Terms and Conditions, available at https://starwoodretail.com/files/starwood_sms_terms.pdf.

By participating in a mobile campaign, you agree that you are the primary owner of the phone number used to subscribe. Message and Data Rates May ApplyMessages sent from automated system. Consent not required for purchase. You may unsubscribe from a program at any time by texting STOP to 55800. For additional help, you can text HELP to 55800, or call 303-296-2413. Although frequency varies by program, you should receive no more than 100 messages per month per program. You may not be able to participate in our texting programs through all wireless carriers. Supported carriers include; ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. Service may not be compatible with all handsets.

For any Technology accessed through or downloaded from a third party, such as the Apple application Store or other mobile application provider (“App Provider”), You acknowledge and agree that any terms to which You agree with the App  Provider are between You and the App  Provider, and Starwood is not a party to any such terms. STARWOOD DISCLAIMS ANY LIABILITY FOR THE ACTIONS OF ANY APP  PROVIDER.

Starwood may offer functionality in the Apps in which You may store Your log-in credentials on Your Mobile Devices, so that You can be automatically logged in each time You access the Technology.  If someone else obtains access to Your Mobile Device (e.g., through theft), the automatic log-in feature will enable that person to have access to Your account.  Therefore, in the event Your Mobile Device is lost or stolen, it is Your responsibility to contact Your Mobile Provider  immediately to prevent the unauthorized use of the Apps and Technology.  YOU ACCEPT RESPONSIBILITY FOR ANY STARWOOD DAMAGES RESULTING FROM SUCH UNAUTHORIZED ACCESS TO THE TECHNOLOGY.

  1. PRIVACY

Our Privacy Policy explains how we collect, treat and protect your personally identifiable information and data (“Personal Information”) when you use our Technology. By using the Technology, you are agreeing to Starwood’s Privacy Policy. The terms and conditions of our Privacy Policy are located at http://www.starwoodretail.com/privacy, and are hereby expressly incorporated into these Terms of Use.

  1. LINKS

Starwood or third parties may provide links to other websites or resources on the Internet through the Technology. Starwood has no control over such websites or resources. As such, you agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You access the other linked websites and resources at your own risk.

  1. REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We welcome your comments and feedback regarding our Technology.  We do not, however, accept confidential or proprietary information. All comments, feedback, suggestions, ideas, materials, information and other submissions (e.g., postings to chat, boards, or contests), disclosed, submitted or offered to Starwood using the Technology or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. Starwood shall not be liable for any use or disclosure of any Submissions. The disclosure of Submissions will constitute an assignment to Starwood of all rights, title and interest and goodwill in the Submissions without compensation to the provider of Submissions.  Submissions by you must not violate any right of any third party, and not contain any libelous, abusive, obscene or otherwise unlawful material.

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

THE TECHNOLOGY IS PROVIDED BY STARWOOD ON AN “AS IS” AND “AS AVAILABLE” BASIS. STARWOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, STARWOOD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  YOUR USE OF THE TECHNOLOGY IS AT YOUR SOLE RISK.  STARWOOD IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED ON THE TECHNOLOGY OR RESULTS OF YOUR USE OF THE INFORMATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

STARWOOD USES REASONABLE EFFORTS TO MAINTAIN ITS TECHNOLOGY BUT STARWOOD IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH ANY OF THE TECHNOLOGY, ANY PART THEREOF, ANY CONTENT POSTED USING THE TECHNOLOGY, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES.  THE TECHNOLOGY MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF STARWOOD OR WHICH ARE NOT FORESEEABLE BY STARWOOD.

NEITHER STARWOOD NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE TECHNOLOGY OR ANY INFORMATION OR MATERIALS PROVIDED ON THE TECHNOLOGY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

If you use the Technology in any way that results in damage to Starwood, you will need to take responsibility for such damage. You agree to indemnify, defend and hold harmless Starwood, our Affiliates and our officers, directors, shareholders, and agents (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, obligations, damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the Technology; (b) breach of these Terms of Use; (c) infringement or misappropriation of any intellectual property or other rights of Starwood or third parties by you; or (d) your negligence or willful misconduct.

  1. EXPORT

Unless otherwise specified, the materials in and/or on the Technology are presented solely for the purpose of promoting Services or programs that are available in the United States. In accessing the Site, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain software or other materials that you may obtain through the Technology may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulation and you will not transfer, encourage, assist, or authorize the transfer of any software or materials to a prohibited country or otherwise in violation of any restriction, law or regulation.

  1. TERMINATION

These Terms of Use are effective unless and until terminated by Starwood. You may terminate these terms at any time by discontinuing use of the Technology and destroying all materials obtained from any and all such sites and applications and all related documentation and all copies and installations thereof, whether made under terms and conditions or otherwise. Your access to the Technology may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Technology and destroy all materials obtained via the Technology and all copies thereof, whether made under these terms and conditions or otherwise.

  1. NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that the Technology contains elements that infringe your copyrights, please provide Starwood’s designated copyright agent with the following information in writing:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Starwood Retail Partners
1 East Wacker, Suite 3600,
Chicago, Illinois 60601
Attn: General Counsel

For additional information regarding this procedure, please reference 17 U.S.C. 512.

  1. DISPUTES

A. Arbitration. Any claim, dispute, or controversy arising out of or relating to the Technology, these Terms of Use, or the breach, termination, enforcement, interpretation or validity of this Agreement, will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator.  Payment of all filing, administration and arbitrator fees will be governed by AAA’s applicable rules.  The arbitration shall be held in Chicago, Illinois. The arbitrator's decision shall be controlled by these Terms of Use and any of the other agreements referenced herein.

B. ​​​​​​​Limitation on Time to File. IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

C. Arbitration on an Individual Basis Only; Class Arbitration Waiver. STARWOOD AND YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND AGREE THAT THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, STARWOOD AND YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST EACH OTHER.

D. ​​​​​​​Applicable Law. You agree that the laws of the State of Illinois, without giving effect to any principles of conflicts of law, govern these Terms of Use and any dispute of any sort that may arise between you and us or any of our Affiliates. Starwood and you acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of use shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

E. ​​​​​​​Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, 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.

  1. MISCELLANEOUS

  1. Entire Agreement. These Terms of Use, the Administrator’s Terms available at https://starwoodretail.com/files/starwood_sms_terms.pdf, our Privacy Policy, and any additional terms, rules, or other policies to which Starwood refers contain the entire agreement between you and Starwood and supersedes any prior or contemporaneous agreements concerning the subject matter hereof.
     
  2. Waiver. No delay or omission by Starwood or you in exercising any right under these Terms of Use will operate as a waiver of that or any other right. 
     
  3. Modification. We reserve the right to modify these Terms of Use or any additional terms that apply to the Technology, at any time without notice. You should review these Terms of Use regularly. Your continued access or use of the Technology after the Terms of Use have been revised constitutes your express consent to the modified Terms of Use.
     
  4. Severability. If a particular term or condition is deemed not enforceable, invalid or void, that term or condition shall be deemed servable and not affect the validity and enforceability of any remaining terms or conditions.

These Terms of Use were last modified on October 9, 2019 and are effective immediately.