Weirs Plaza Partnership Manager, LLC (referred to herein as the “Property”, “we,” “our” or “us”) is the property developer of the development known as “Weirs Plaza” and the website, www.weirsplaza.com (the “Site”), an informational website for retail and office tenants and prospective tenants, and their guests and invitees (“you”) who wish to gain information about our Property and its operations (“Services”). These Terms of Use (“Terms”) describes our policies and practices while you are using our Site.
By agreeing to use our Site, you understand and agree that this agreement governs any use of the Site by you.
1. Notice. The Site is owned and operated by Property and its contractors. We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site. You may visit our Site at any time to read these Terms and learn of any revisions made to these Terms. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
2. Intended Use.
a. The Site is intended for your benefit to become familiar with Property and our Services.
b. You understand that Property does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Services or any third-party services or products posted on or offered through our Site.
c. You understand that any statements by Property, its employees, agents, affiliates, and members are provided for informational purposes only.
3. Our Services.
a. In General. Property offers information to tenants and prospective tenants regarding or Property spaces and amenities, as well as certain events, policies, and financial and operational matters. The use of the Site by you does not create a landlord-tenant relationship, nor does it constitute an offer to lease any property from us.
4. Use of Information and Materials on our Site.
a. The information contained on our Site is subject to change without notice.
b. While Property makes every effort to ensure that the information on our Site is accurate, Property makes no representations or warranties as to the accuracy or reliability of any information provided on our Site.
c. Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site, is strictly prohibited.
d. Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited. Property grants you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
5. Third Party Links/Services
For the convenience and benefit of our tenants and prospective tenants, we may, from time to time, engage various third-party service providers (collectively, “Vendors”) to provide certain services such as appointment scheduling, application processing, background and credit screening, lease agreement preparation, rent payment, tenant account management, and other services (collectively, “Tenant Services”) which are accessible via links from the Site. Although Tenant Services may be “white labeled” with the Property’s name and branding, such Tenant Services are managed exclusively by the Vendors. To use Tenant Services and access Vendor systems, you will be required to set up an account and provide various personal and financial information to the Vendor. Please note that your use of Tenant Services will be subject to each Vendor’s terms and privacy policies – not ours. These Terms apply solely to our Site and does not apply to Tenant Services and/or any other websites to which we may provide links. We are not responsible for the content, accuracy, or opinions expressed in such linked Vendors or websites, and the inclusion of such links on our Site does not imply our approval or endorsement of such websites. Please be aware that Property is not responsible for and cannot control the terms of use, privacy policies and conditions of Vendors or other websites. We encourage you to be aware of when you leave our Site (i.e., whenever you are required to register or login), and to read the Vendor terms of use and privacy policy of each Tenant Service and other website you access and use.
6. Privacy.
a. By entering using the Site, you also agree to the privacy standards set by Property. Property is committed to protecting the privacy of its online users. Our Privacy Policy, available on the Site, is incorporated into these Terms by reference.
b. Information from the Site. Except as provided in these Terms and our Privacy Policy, Property will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site. Property, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
c. Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in these Terms. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
d. HOW WE COLLECT INFORMATION. You can visit the Site without revealing any personal information. Our web servers collect Internet Protocol (IP) addresses of visitors, but not the e-mail addresses unless provided by visitors. This information can measure the number of visits, average time spent on the site, pages viewed, and other such statistics. In addition, you may be asked for personal information that identifies you, including your name, e-mail address, mailing address, zip code, telephone number, and fax (collectively, “Personal Information”). You may also elect to provide such information to us by sending or responding to e-mails regarding certain listings or services offered on our website.
e. HOW WE USE AND DISCLOSE YOUR INFORMATION. We collect, generate, retain, and use your Personal Information for our own internal purposes in connection with the facilitation, recording, and processing of any requests, communications, or interactions you may have with our Site. We also automatically collect and store statistics and other information about you and your online activities on an aggregated, non-personally identifiable basis and in a manner that may allow us or our affiliated or related entities to improve our services to you. In addition, your Personal Information may be also be used by us to provide you with information regarding our products and services. For example, we may use your e-mail address to send you special announcements and notifications of services or promotions that may be of interest to you.
f. NEWSLETTER. Another way in which we may use your Personal Information is to provide you with an electronic copy of Our Newsletter if you opt in to receive the Newsletter.
g. OPT OUT. You may opt out of the Newsletter and future communications from us, including special offers, by sending an email to info@weirsplaza.com.
h. COOKIES. Cookies allow websites to recognize you when you return and can keep track of information specific to you. Consistent with standard practices in the Internet industry, we may use cookies with visitors of the Site. If you prefer, you may set your browser to ask for your permission before you receive a cookie. To the extent you navigate to a third-party website from the Site, you may receive cookies from third parties to which you link from our Site. We do not control these third-party cookies, and they are not subject to this Privacy Policy.
i. THIRD-PARTY WEBSITES. The Site may contain links to other sites. However, please be aware that we are not responsible for and cannot control the privacy policies of such other sites. We encourage you to be aware when you leave the Site, and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by Our Site.
7. Enforcement.
a. Limitations of Warranties and Remedies. To the full extent allowed by law, Property disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. Property neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services provided by Property. In no event will Property be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if Property has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
b. Indemnification. You agree to defend, indemnify, and hold harmless Property and its officers and employees (the “Property Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Property Parties may incur arising out of or resulting from your use of the Site or any of the Services of Property.
c. Choice of Law and Venue. These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By using the Site, you hereby irrevocably submit yourself to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to these Terms or its enforcement. You also hereby waive any challenge to venue and personal jurisdiction you may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to these Terms or its enforcement.
d. Severability. If any provision of these Terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
e. Additional Provisions Regarding Liability. You and Property agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
f. Notices. Any notices or communication sent by you to Property pursuant to these Terms will be in writing and sent to the address specified herein or such other address as Property may specify in writing.
All notices must be sent to: info@weirsplaza.com
8. Additional Information.
a. Trademarks. Property is the owner of the marks, “Weirs Plaza”, “Weirs Plaza Partnership Manager, LLC”, www.weirsplaza.com and all other Property marks, slogans and logos. All other marks and logos appearing on the Site are owned by their respective owners. Property is the owner of the Site’s, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery. All rights are reserved.
b. Copyrights. Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Property and the copyright owner, if applicable. All rights are reserved.
9. Suggestions and Idea Submissions. Unless otherwise agreed to in writing, Property does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Property cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with Property through the Site. Any ideas disclosed to Property outside of a pre-existing and documented confidential business relationship are not confidential and Property may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. Property will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if, in Property’s sole discretion, Property determines that a review is necessary, it will be with the understanding that Property assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Property through the Site, you agree to be bound by the terms of these Terms.
10. Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Property. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
11. Contact Us. If you have any questions or suggestions regarding these Terms, please contact us at: info@weirsplaza.com