TERMS AND CONDITIONS OF USE

Information

This website is owned by East Campus Realty, LLC which owns and operates Midtown Crossing (collectively known as “Midtown Crossing”). By accessing, viewing, or using the systems, services or materials on any of the Midtown Crossing websites, (e.g., “midtowncrossing.com,” which are collectively known as the “Site”), you indicate your understanding of these “Terms and Conditions of Use,” and further agree to accept such Terms and Conditions of Use and to be legally bound by them.

A. AVAILABILITY AND USE OF MATERIALS ON THE SITE

“Materials” include information, forms, documents, Software and other content present on or available to you from the Site. “Software” means any computer software accessible to you on the Site. Midtown Crossing may revise, enhance or update the Materials at any time. You must use the latest version or newest release of the Materials in accordance with the procedures established by Midtown Crossing. Materials which offer descriptions or information on the products or services Midtown Crossing or the restaurants, retailers and other merchants (“Establishments”) sell or offer are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions.

B. COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS

All service marks and logos located on the Site are owned by Midtown Crossing or used by Midtown Crossing with the permission of the Establishments unless otherwise indicated. All Materials are Midtown Crossing’s property, unless otherwise indicated. All Materials are protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any Materials, logos, trademarks, service marks, or the names of Midtown Crossing or its affiliates, is expressly prohibited without the prior written consent of Midtown Crossing.

C. LICENSE TO USE MATERIALS

Midtown Crossing grants you a non-exclusive, non-transferable, temporary license to use Materials other than the Software. Midtown Crossing may revoke your license to use any Material (including Software) at any time if you fail to comply with this Agreement, or for any other reason. In no event shall the Materials be used in any manner which Midtown Crossing deems to be directly or indirectly in competition with Midtown Crossing or contrary to Midtown Crossing’s best interests.

D. LICENSE TO USE SOFTWARE

Permission to use the Software is granted only if you have registered to use the Midtown Crossing enet, or other Site segment containing Software. If you are thus permitted to use the Software, Midtown Crossing grants you a non-exclusive, non-transferable, temporary license to use the Software. The Software is the sole and exclusive property of Midtown Crossing, or Midtown Crossing’s third party vendor, as identified by the Software. If Midtown Crossing’s authorization to use third party Software expires or terminates, your license to use the Software is immediately and automatically revoked. You agree to use the Software exclusively in conjunction with the marketing of Midtown Crossing’s products and in accordance with procedures established by Midtown Crossing. Under no circumstances other than for backup or archival copying purposes may you copy the Software or any portion thereof without Midtown Crossing’s prior written consent. You are not otherwise authorized to copy, reverse engineer, decompile, or use the Software in any manner other than as expressly authorized in these Terms and Conditions of Use.

E. CHARGES

If Midtown Crossing discloses at the time of your use or download of any Materials that Midtown Crossing will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Midtown Crossing any license or use fee then being charged by Midtown Crossing to use specified Materials. All such fees are non-refundable.

F. COMMUNICATIONS WITH THE SITE

Except as required by privacy laws, if you elect to communicate with Midtown Crossing via the Site or e-mail, you acknowledge that the information contained in your message shall not be considered confidential and that Midtown Crossing shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Midtown Crossing is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Midtown Crossing employees. Opinions or comments contained in such items reflect the views of the author and not of Midtown Crossing unless Midtown Crossing expressly states to the contrary.

G. LINKS TO OTHER WEBSITES

The Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations which Midtown Crossing does not control, and Midtown Crossing expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Midtown Crossing does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Site or in the other website.

H. USE OF THE INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable state, national international laws and regulations. While Midtown Crossing endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Midtown Crossing via the Site, other websites or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. Midtown Crossing will not be liable for any loss resulting from a cause over which it has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions. I. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MIDTOWN CROSSING BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF MIDTOWN CROSSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MIDTOWN CROSSING SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MIDTOWN CROSSING TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDTOWN CROSSING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MIDTOWN CROSSING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

J. INDEMNIFICATION AND INJUNCTION

You agree to defend, indemnify, and hold harmless Midtown Crossing, its parent, affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms and Conditions of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms and Conditions of Use, or your failure to comply with applicable laws.

K. GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use are governed by the laws of the State of Nebraska without regard to that State’s or any other state’s principles of conflicts of laws. You consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Midtown Crossing from its offices within the United States. Midtown Crossing makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

Online Privacy Policy

Your privacy on the Internet is important to us at Midtown Crossing. Our online Privacy Policy describes the types of information we gather online and how we use it. Please read this information carefully. If the online information practices of Midtown Crossing change, we will let you know by posting the Privacy Policy adjustments on our website. At that time, we will remind you that you always have the opportunity to opt out of any new use of your personal information (as more fully set forth below).

Use of Information by Midtown Crossing
We gather certain types of customer information in an effort to improve your shopping and living experience and to communicate with you about our tenants, products, services, promotions and contests.

Information Collected by Midtown Crossing
Midtown Crossing collects two types of information about users: Personal Information (such as name, email address, mailing address, phone number) and Aggregate Information, such as information about how many users log on to our site on a daily basis.

Personal Information Collected Online by Midtown Crossing
Personal Information is collected online through our website when users: (i) voluntarily register with Midtown Crossing to receive electronic newsletters; (ii) use community and communication services; and (iii) answer surveys and enter contests and other promotional opportunities provided on Midtown Crossing websites.

Aggregate Information Collected Online by Midtown Crossing
Aggregate Information is nonpersonally identifiable/anonymous information about you. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visited our website at www.midtowncrossing.com during a specific time period is Aggregate Information that does not personally identify a specific user. Tracking Internet Protocol (IP) addresses is one method of collecting Aggregate Information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the web. The computers, which deliver the web pages to you, automatically identify your computer by its IP address. When you request a page from our site, our servers log your IP address.

Sharing Information Collected Online with Third Parties, Service Providers, Consultants and Affiliates
Midtown Crossing does not share, sell or trade with third parties, your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you except with your consent or as described in this Privacy Policy. We do not contribute to or participate in cooperative databases which give other companies access to such Personal Information. For privacy purposes, all Personal Information relating to our users is stored on a secure server.

Midtown Crossing may share Personal Information gathered online with our service providers and consultants and may also divulge Personal Information if such action is required for Midtown Crossing or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency, or if Midtown Crossing or any of our service providers or consultants believes that a user has committed unlawful acts or acts that may endanger the health or safety of another user or of the general public.

Email and Electronic Newsletters
Midtown Crossing may offer electronic newsletters and emails to users who have provided their email address on this website, or on the websites through which our advertisements, contests and promotions may be offered, such as woobox.com (please check the Privacy Policies of these independent third parties for a discussion of these websites’ Personal and Aggregate Information gathering and sharing processes). You will only receive a newsletter or email if you agree during registration or directly from our newsletter sign-up form to receive these items. Unsubscribe instructions are included in each electronic newsletter and email. We may share your email address provided to us with the restaurants, retailers and other merchants (“Establishments”) at Midtown Crossing so that they may provide you information on their products and other promotions.

Information Removal
If you prefer not to receive marketing emails from Midtown Crossing or Establishments, please let us or the Establishment know by clicking on the unsubscribe link within any marketing email or electronic newsletter you receive from us.

Children and Privacy
Midtown Crossing is concerned about the safety of children when they use the Internet, and understands that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Midtown Crossing websites. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. The Midtown Crossing website is not directed to children under the age of 12, and we will never request Personally Identifiable Information from anyone under the age of 12 without verifiable parental consent. If we become aware that a user is under the age of 12 and has registered without prior verifiable parental consent, we will remove his or her Personally Identifiable Information registration information from our files.

Additional Information
The security of your Personal Information is very important to us, and we are committed to protecting the information that we collect. We have security measures in place to protect against the loss, misuse or alteration of Personal Information that we have collected from you through our website. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Midtown Crossing to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither Midtown Crossing nor any of the Establishments or our service providers can ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. If you choose to visit our site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use including but not limited to limitations of damages and application of the law of the State of Nebraska. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MIDTOWN CROSSINGOR EAST CAMPUS REALTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE MIDTOWN CROSSING WEBSITE, EVEN IF MIDTOWN CROSSING OR AN AUTHORIZED REPRESENTATIVE OF MIDTOWN CROSSING OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Acceptance of Terms
By using the Midtown Crossing website, you signify your acceptance of our Privacy Policy with respect to Aggregate Information collected. By providing Personal Information to us through the Midtown Crossing website, you signify your acceptance of our Privacy Policy with respect to the collection and use of Personal Information. If you do not agree to this Privacy Policy, please do not use the Midtown Crossing website. Your continued use of the Midtown Crossing website following the posting of changes to these terms will mean that you accept these changes accordingly.

This Privacy Policy applies only with respect to the information that we collect on this website and not to any information that Midtown Crossing collects through other methods or sources.

If for some reason you believe that this website has not adhered to this Privacy Policy, please notify us at one of the addresses below.

Changes to this Policy
The latest revision to this Privacy Policy occurred in May, 2014.

Contacting Us
If you have any questions or comments about our Privacy Policy and/or the way if affects you, please feel free to contact us by:

Sending an email request to contact@midtowncrossing.com

Sending a letter via US mail to:
Midtown Crossing
Mutual of Omaha Plaza
Omaha, NE 68175

 

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