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Privacy Notice

Last Modified: 3/30/2016

The site is owned and operated by Terramar Retail Centers (who we refer to, together with our affiliates, as “us,” “we,” “our,” “TRC” or “Terramar,” depending on the context). References in this Privacy Notice to “you” and “your” refer to you as a visitor to and user of the site.

This Privacy Notice explains what information we collect and how we collect it, how we use that information, when we may share it, and what your choices are regarding your personal information. This Privacy Notice applies only to information provided and collected through your use of the site, and does not apply to information that we may collect through other means.

BY USING OR ACCESSING THE SITE, YOU EXPRESSLY AGREE TO OUR COLLECTION, PROCESSING AND USE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS, DO NOT USE OR ACCESS THE SITE AND DO NOT PROVIDE US WITH ANY INFORMATION THROUGH THE SITE.

1. THE INFORMATION WE COLLECT. You can visit the site anonymously to learn about us and our properties. Like many websites, our site automatically collects certain information from visitors to our site, such as your IP address, browser type, domain information, site access time(s), and referring website address(es). None of this information is used to personally identify you.

The site may use “cookies” (small data text files) to collect information. Again, this information will not be used to personally identify you, but cookies may recognize your IP address or device on repeat visits to the site. Most web browsers automatically accept cookies, but you can usually change your browser’s settings to prevent that or to notify you when a cookie is being placed on your browser. Because each browser is different, you should look at your browser’s “Help” menu to learn how to modify these settings. If you do disable cookies this may make your experiences on the site less efficient.

“Personally Identifiable Information” or “PII” refers to information that we could use to personally identify you, a specific individual. Different states define Personally Identifiable Information to include different things, but it generally includes information like your name, mailing address, e-mail address, phone number, and social security number. It may also include your IP address if that IP address can be used to identify a particular person, or geo-location information, again if that information can be used to pinpoint a specific party.

We do not collect PII unless you voluntarily provide it to us, such as by using the “Contact Us” or similar features of our website to communicate to us. The only Personally Identifiable Information that we collect is what you voluntarily submit. We use this information only to communicate with you and to respond to your inquiry, to send you information you have requested, and to contact you when reasonably necessary. You are in control over whether you provide us with any PII, or other information that you may consider sensitive or personal, through the site. If you are not comfortable with providing any information, you should not provide it.

2. HOW WE MAY SHARE INFORMATION. We may provide information to our affiliates and to our other trusted service providers who use that information only to conduct business on our behalf. For example, they may handle our data management and email distribution. We provide these service providers only with the information they need to perform their services, and work with them to respect and protect your privacy. We will otherwise share your Personally Identifiable Information with third parties only if we have your express consent.

We will release information, including PII, if we believe that such action is appropriate to (a) comply with law, regulations, legal process or governmental request, (b) enforce any terms of use applicable to the site, including potential violations, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) otherwise protect the rights, property or personal safety of us, our employees, site users or others.

Also, we may share information in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, litigation or similar proceeding, in which personal information about the users of our site is among the assets transferred.

We do not sell, rent, or lease any PII that we collect about you through the site to anyone for any purpose, other than as disclosed.

3. DO NOT TRACK REQUESTS. Currently, certain browsers, including Firefox, Google Chrome, Safari and Internet Explorer, offer a “do not track” (or, “DNT”) option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user’s DNT preference, if any, set on the browser. We do not currently commit to responding to browsers’ DNT signals. We cannot make this commitment because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

4. THIRD PARTY SERVICES. Some site features may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or with web beacons or other tracking technology, to collect information about you when you use the site. They may be able to associate the information they collect with your personally identifiable information, or they may collect information, including personally identifiable information, about your online activities over time and across other website and online services. They may use this information to provide you with behavioral advertising or other targeted content. We cannot control any third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5. CONTACT US. We do not share your PII with third parties for direct marketing purposes. However, if you would like to contact us to request details of our disclosure to third parties for direct marketing purposes, please contact us via the contact forms on this website. You can also reach out to us if you have any questions about any information that you have submitted to us.

6. CHANGES TO THIS PRIVACY NOTICE. Because of changes in technology and practices, our security and other policies may change from time to time. Please consult this portion of the site for important changes to the Privacy Notice as they occur. It is our practice to post any changes on this page, but it is your responsibility to check for updates. By using the site after we post any changes to this Privacy Notice, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Privacy Notice, you should not use the site, nor should you provide information about yourself to us.

Terms of Use

These Terms of Use (these “terms”) are in place to govern your use of, and access to, this website. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site. “We,” “us,” “our,” “TRC” and “Terramar” refer to Terramar Retail Centers, the owner and operator of this website.

1. ACCEPTANCE OF TERMS. By accessing, browsing, and using the site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by these terms.

We may make changes to the site or these terms at any time.  Any modifications will be effective when the changes are posted to the site. You understand and agree that your continued access to or use of the site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.

2. OWNERSHIP OF THE SITE AND OUR INTELLECTUAL PROPERTY. The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content (including all data, text, and graphics) included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws. Without limiting that general statement, “TRC,” “Terramar” and all related names, logos, products and service names, designs and slogans are our proprietary trademarks. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using these names or any other colorable equivalent without our prior written authorization.>

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content from the site without our prior express written consent. You are permitted to print pages and screen shots from this site only for your personal, non-commercial use.

3. INFORMATION PRESENTED ON THE SITE/DISCLAIMER. This website is provided for the convenience of certain parties, including our retail partners, property managers, landlords, and tenants, as well as other parties who may be interested in us or in our properties. You understand that we cannot and do not guarantee the timeliness, accuracy, or completeness of any content presented on the site, and we will not be responsible to you for any errors or omissions or for the results obtained from your use of any content.

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT: THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. RESTRICTIONS ON USE. You may not (a) use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the site or collect any content, (b) engage in any “screen scraping,” “database scraping” or similar activities to obtain any content, (c) accumulate or index, directly or indirectly, any content or portion of the site for any commercial purpose whatsoever, or otherwise (d) use the site to engage in any illegal activity.

5. LINKS TO OTHER WEB SITES. We and others may provide links to web pages, web sites, and various resources or locations on the web (collectively, “Third Party Sites”). Links to Third Party Sites are provided only for your convenience. We do not operate, control, endorse or guarantee any Third Party Sites. Our policies do not apply to any Third Party Site.

6. LIMITATIONS ON LIABILITY. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY AN AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, TO ACCESS OR USE THE SITE.

7. COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that site content infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.

We suggest that you consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.