Terms & Policies
PERSONAL INFORMATION COLLECTED
We collect information about you in various ways when you use our Sites. For example, we collect personal information you provide to us when you register for our Club Program, inquire about leasing opportunities or request customer service. Such personal information may include your name, email address, postal address, phone numbers, date of birth, credit card information and other contact or demographic information you provide. We may also obtain information from other sources and combine that with information we collect on our Sites.
When you visit our Sites, some information is automatically collected. For example, when you visit our Sites, your computer’s operating system, Internet Protocol (“IP”) address, access times, browser type and language and the website you visited before our Sites are logged automatically. We also collect information about your usage and activity on our Sites.
Web Beacons. We may also collect information using Web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
USE OF PERSONAL INFORMATION WE COLLECT
We use personal information collected through our Sites for purposes described in this Policy or disclosed to you on our Sites. For example, we may use your information to:
- operate and improve our Sites;
- maintain your Club membership;
- respond to your comments and questions and provide customer service;
- communicate with you about new contests, promotions and rewards, upcoming events and other news about products and services offered by us and our selected partners;
- send you technical notices, updates, security alerts and support and administrative messages; and
- link or combine with other personal information we get from third parties to help understand your needs and provide you with better service.
We may store and process personal information in the United States and other countries.
SHARING OF PERSONAL INFORMATION
We do not share your personal information with third parties other than as follows:
with your consent or direction;
- with third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us;
- with brokers when you inquire about leasing opportunities;
- in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
We may also share aggregated or anonymized information that does not directly identify you.
THIRD PARTY ADS AND LINKS
SECURITY OF YOUR PERSONAL INFORMATION
We take measures to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.
YOUR INFORMATION CHOICES AND CHANGES
You may opt out of receiving promotional emails from us by following the instructions in those emails. You may also send requests about your contact preferences and changes to your information by emailing us at [email protected] If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
CHANGES TO THIS POLICY
We may change this Policy from time to time. If we make any changes to the Policy, we will change the “Last Updated” date below.
CODE OF CONDUCT
Bay City Town Center is committed to providing an enjoyable shopping experience for our guests. For this reason we have developed a Code of Conduct to be used when visiting the center. If you would like a copy of the Code of Conduct, please visit the Management Office or Security Office.
Last Updated: July 12, 2011
We reserve the right to change or modify these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any questions regarding the Site or these Terms, please contact us at 989-667-0770.
- Eligibility; Bay City Town Center Club Program
The Site is not targeted toward, nor intended for us by, anyone under the age of 13. By accessing or using the Site, you represent and warrant that (a) you are at least 13 years of age; (b) you are a resident of the United States; and (c) you have full power, capacity and authority to accept these Terms (or are using the Site under the supervision of a parent or guardian with full power, capacity and authority to accept these Terms).
To receive updates from us regarding Bay City Town Center news and upcoming events, sales and promotions, you can register for the Bay City Town Center Club Program. You agree to provide accurate, truthful, current and complete information when registering for the Club Program, and in the event any of your contact information changes, you agree to promptly update this information by contacting us at Bay City Town Center Management Office, 4101 Wilder Rd, Bay City, MI 48706
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are our proprietary property or the proprietary property of our licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
The logos, trade names and slogan contained on the Site are our trademarks or those of our partners or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission from the applicable trademark holder.
You may not use any metatags or any other “hidden text” utilizing our names, trademarks or slogans without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphic to link to this Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right belonging to us or any third party.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Third Party Content
We may provide third party content on the Site and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review such Third Party Content. Users access and use such Third Party Content at their own risk.
- Advertisements and Promotions; Third-Party Products and Services
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third party advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or our products or services (“Submissions”) that are provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in all Submissions and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Lormax Stern Development Company, Bay City Town Center and our respective independent contractors, service providers, consultants, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) any Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another or (e) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, THE SITE AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND SITE MATERIALS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
- Limitation of Liability
IN NO EVENT SHALL LORMAX STERN DEVELOPMENT COMPANY, BAY CITY TOWN CENTER AND OUR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE OR SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
- Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Michigan, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Michigan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.