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Untitled Document
Terms and Conditions of Website Use
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CENTURY RETAIL, INC.
TERMS AND CONDITIONS OF USE OF WEBSITE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website.
Limited permission to view using a browser and to cache is granted.
All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software
Copyright © 2007, Century Retail, Inc.
ALL RIGHTS RESERVED.
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OWNERSHIP. This site, and each of its components, is the copyrighted property of Century Retail, Inc. ("Century Retail"), and/or its various third party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Century Retail. In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of Century Retail, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Century Retail or the owner of the Trademarks. Century Retail is not using this website or any information obtained from this website to transact or perform the act of real estate leasing, development or sales in any city, state, county or municipality. THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
• USE OF SITE. You may only use this website to browse the content, make inquiries to Century Retail and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Century Retail, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. ‘Deep-linking,' ‘embedding' or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Any links from this website to other websites are provided for your information and convenience only. Century Retail does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Century Retail does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain "links" to other sites, we are not responsible for the content or the privacy practices employed by other sites. Century Retail may block or limit access to this website or any of its content in its discretion.
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AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using any password you may be provided.
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PRIVACY. You represent that you have read the Century Retail Privacy Policy [provide link to privacy policy] , the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Century Retail by Century Retail and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Century Retail Privacy Policy.
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EXCLUSION OF WARRANTY. Century Retail MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. Century Retail DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY DISCLAIMs ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although Century Retail strives to provide on this website the latest information related to its developments, products and services, and other information about Century Retail, Century Retail does not warrant the accuracy, effectiveness and suitability of any information contained in this website. No warranty or representation of intended use, design or proposed improvements is made herein. Nothing presented in this website shall obligate Century Retail to construct facilities or complete any development described or shown. All plans for developments or facilities that are not completed are subject to change without notice. Each visitor assumes full responsibility and all risks arising from use of this website. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Century Retail may make additions, deletions, or modifications to the Information at any time without any prior notification.
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LIMITATION OF LIABILITY.
IN TRANSMITTING ELECTRONIC COMMUNICATIONS TO Century Retail, THE USER OF THIS WEBSITE MAY BE THAT Century Retail SEND INFORMATION TO OR CONTACT THE USER REGARDING OUR DEVELOPMENT OR OUR SERVICES. Century Retail WILL MAKE EVERY EFFORT TO ACCOMMODATE REASONABLE REQUESTS FOR INFORMATION PERTAINING TO OUR DEVELOPMENT AND SERVICES IN A TIMELY MANNER BUT MAKES NO GUARANTEES FOR THE TIMELINESS OF SUCH RESPONSES. THE USER SHOULD BE AWARE THAT Century Retail IS NOT RESPONSIBLE FOR DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN Century Retail AND THE USER OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR INCORRECT CONTACT INFORMATION (INCLUDING BUT NOT LIMITED TO E-MAIL ADDRESSES, MAILING ADDRESSES, TELEPHONE, CELLULAR, PAGER OR FAX NUMBERS) SUPPLIED BY THE USER.
CENTURY RETAIL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL CENTURY RETAIL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY CENTURY RETAIL, EVEN IF CENTURY RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU.
Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Century Retail for damages under these Terms of Use exceed one hundred UNITED STATES dollars (US$100.00). Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
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INDEMNIFICATION. You shall defend and indemnify Century Retail and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
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SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Century Retail regarding the development, products or services of Century Retail. Submissions will not be confidential and will become the property of Century Retail upon submission to Century Retail. By providing any such Submissions, you agree to assign to Century Retail, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Century Retail, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy Century Retail does not prescreen or monitor any Submissions.
Except as expressly stated and agreed upon in advance by Century Retail, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Century Retail (such as feedback, questions, comments, suggestions, ideas, etc.). If any Century Retail website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Century Retail shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Century Retail shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, use or sale of products or services incorporating such information. You are fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
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Prices and Availability . PRICES AND AVAILABILITY OF PROPERTIES IN A DEVELOPMENT, THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, images, maps, demographics, description of, or reference to, a project or a service on the website does not imply that the property, product or service is presently available. Website users agree to hold Century Retail harmless for any incorrect pricing, features or availability for any reason, including but not limited to a typographical error, error in pricing information received from a third party, or for any other reason.
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CAREERS. From time to time, Century Retail may place career announcements on its website, seeking submissions from candidates who desire employment with Century Retail. However, Century Retail is under not any obligation to screen or review any submissions or to offer any career announcement or other employment opportunities. As a result, Century Retail does not certify the existence, type or quality of any job posted, the accuracy of the listings, the suitability of any job opportunities to candidates or the continued existence of the job after posting. This portion of the website and all information it contains are provided "AS IS." CENTURY RETAIL makes no representations about the accuracy, reliability, or completeness of the information provided on thE CAREER PORTION OF iTs Web Site.
Century Retail does not guarantee that any employment position will be offered to any of the candidates submitting information. By using this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or that a specific posting may not meet your needs and requirements. You also agree that any information you submit, whether or not it is in response to any posted vacancy, are truthful and complete. Century Retail is an Equal Opportunity Employer.
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Registration and Security . If you wish to register to obtain information from Century Retail, or otherwise to use certain services on the website, you will be required to provide certain information to us. By entering any information on the website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.
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RELATIONSHIP. Your use of this website is independent of Century Retail and not as an employee, agent, partner, or joint venturer with Century Retail for any purpose.
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GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Florida, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in or having jurisdiction over Orange County, Florida, in all questions and controversies arising out of your use of this website and this Agreement.
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ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
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MODIFICATION. Century Retail may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
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ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of property and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
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SEVERABILITY. These terms and conditions 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.
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HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
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ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes 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 this website.
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Press Releases. The information contained within press releases issued by Century Retail, and collected in a section of this website, should not be deemed accurate or current except as of the date the release was posted. Century Retail and its affiliates have no intention of updating press releases, and specifically disclaim any duty to update, the information in the press releases.
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EQUAL HOUSING OPPORTUNITY. Century Retail is pledged to the letter and spirit of U.S. laws and regulations for the achievement of equal housing opportunities. Century Retail encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
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Copyright Act Agent . Century Retail respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner'.
Copyright Agent
Century Retail, Inc.
5323 Millenia Lakes Blvd., Suite 140
Orlando, FL 32839
Last updated on 9/4/2007 .
CENTURY RETAIL, INC.
PRIVACY POLICY
Century Retail respects the privacy of its visitors and customers and understands the importance of privacy to visitors to our website. We collect and store information so that we can efficiently provide information to our users and process your requests for additional information and materials. This privacy statement is designed to help you understand what information we gather and what we do with the information.
Your Information . Personal identifying information, such as customer names, street or e-mail addresses, phone numbers or any other information which, when used by itself or with other data, might identify a customer individually is only collected if a customer sends it to us voluntarily as part of using our service. We may also use this information to offer you the opportunity to receive notices regarding other Century Retail products or services and to further personalize your experience on our site. Personal identifying information is used only for our legitimate business interests, to supply requested information, answer your questions, and to comply with applicable laws and regulations.
Disclosure . By giving Century Retail your personal identifying information, you grant Century Retail, and its affiliates and subsidiaries the right to use this information for reasonable business purposes, with permission to disclose it to Century Retail's mortgage and construction lenders and in a manner consistent with the policies of Century Retail and applicable state and federal laws and regulations. We do not sell, rent or disclose your personal identifying information to any third party, except as described in this section. We may contract with reputable vendors to assist us in processing information or delivering the items that our users request. These vendors are restricted from using or selling the information for any purpose other than helping us to provide the materials and requested services. We may provide aggregate statistics about our customers, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information. Finally, if disclosure of any information is required by law or by an appropriate government authority, we will comply accordingly.
Cookies . As part of offering and improving our services, we may use "cookies" to store and sometimes track information about our online customers and users. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Cookies can make use of the web easier by saving status and preferences about a website. Some parts of our website, where you are prompted to log-in or that are customizable, may require that you accept cookies. Cookies by themselves cannot be used to find out the identity of any user. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent.
Your Control . You may, at any time, remove your personal identifying information from our database. If you have submitted personal identifying information to Century Retail, and you wish to have it removed from our records, please e-mail us at webmaster@centuryretail.com. However, for our record keeping purposes, we will retain your personal identifying information if submitted for any previously completed contractual transactions.
Your Use . By using this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers. You also agree not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal and international laws.
In the "Register" section of our website, we do ask for some personal information, such as name, e-mail address and telephone number, but this information will only be used by Century Retail to respond to your request for information and to contact you directly to respond to questions, comments or inquiries. We also may use the information to selectively notify you about updates, products, services, activities or upcoming events. By using the "Register" section of this website, you consent to the collection and use of this information by Century Retail.
Children . Century Retail strongly believes in protecting the privacy of children online (we define "children" as minors younger than 13). Therefore, Century Retail will not knowingly collect or use any personal information from children or knowingly allow children to register with us. Any information that is inadvertently collected from children will be deleted promptly upon discovery.
Security . Century Retail always uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. Century Retail has implemented appropriate security measures in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
Disclaimers . W HILE Century Retail HAS MADE REASONABLE EFFORTS TO SAFEGUARD UNAUTHORIZED ACCESS OR INTERCEPTION, THERE IS NO ABSOLUTE GUARANTEE OF SECURITY. IN THE EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS, Century Retail SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A VISITOR OR USER, EVEN IF Century Retail HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Century Retail DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY VISITOR SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CENTURY RETAIL COOPERATES WITH INQUIRIES FROM LAW ENFORCEMENT AGENCIES AND WILL ASSIST IN ATTEMPTING TO IDENTIFY A USER WHEN CENTURY RETAIL IS REQUIRED by law to do so OR WHEN CENTURY RETAIL, IN THE EXERCISE OF ITS JUDGMENT, DETERMINES IT IS NECESSARY TO PROTECT ITSELF, ITS WEBSITE, SERVICES, CUSTOMERS AND OTHERS.
Changes to the Privacy Policy . We may, at any time and without notice, add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on our website. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such change, update or modification will be effective immediately upon posting on the website.
CONTACT INFORMATION
Our postal address is:
Century Retail, Inc.
5323 Millenia Lakes Blvd., Suite 140
Orlando, FL 32839
Attn: Webmaster
We can be reached via e-mail at info@centuryretail.com
Last updated on 9/4/2007 .
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