THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH PREIT REGARDING YOUR USE OF THE WEBSITE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
Your Use of the Website
We hereby grant you a non-exclusive, personal, non-transferrable, limited license to use and access the Website in accordance with these Terms. You may view, download a copy of, or print a single copy of any page from the Website: (i) solely for your personal, informational, non-commercial purposes; (ii) in accordance with these Terms; and (iii) provided that you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Website without our express, prior, written consent.
Informational Purposes Only
The Website is provided to you as a convenience and for your information only. PREIT does not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) PREIT has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through the Website is accurate or complete; and/or (viii) the Website Content is non-infringing of any third party’s intellectual property rights. Your use of the Website is solely at your own risk.
User Website Content
The Website permits the submission of Website Content, including, feedback, ideas, questions, comments, and suggestions (“User Website Content”). You hereby grant (and you represent and warrant that you have the right to grant) to PREIT an irrevocable, non-exclusive, royalty-free, and fully paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Website Content. You assume all risks associated with your User Website Content and shall be solely responsible for the User Website Content and the consequences of submitting it. PREIT cannot guarantee any confidentiality with respect to any User Website Content.
Restrictions on Use
You may not use the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others. PREIT reserves the right to terminate your use of the Website for violating any of the prohibited uses.
In addition, you may not: (i) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (ii) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (iii) use the Website for resale, time-sharing or other similar purposes; (iv) use the Website to stalk, harass or harm another individual; (v) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (vi) use any portion of the Website or any Website Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (vii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law.
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and to abide by and comply with these Terms.
PREIT collects and uses personal information about you when you access and use the Website in accordance with our Privacy Notice, the most current version of which is incorporated herein by reference.
By using the Website, you consent to receive electronic communications from PREIT unless you follow applicable opt-out procedures. PREIT will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that PREIT provides to you electronically satisfy any legal requirement that such communication be in writing.
No Warranties for Website
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND PREIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
PREIT MAKES NO WARRANTY THAT WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PREIT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PREIT WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. PREIT MAKES NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEBSITE.
You agree to defend, indemnify, and hold harmless PREIT and our partners, employees, service providers, clients, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Website Content caused damage to a third party.
Limitations of Liability
IN NO EVENT WILL PREIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT AND/OR USER WEBSITE CONTENT PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY USER WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE. ADDITIONALLY, PREIT SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third Party Websites and Content
The Website may include Website Content provided by third parties or PREIT may provide hyperlinks to other websites maintained by third parties on the Website by framing or other methods (collectively, “Third Party Website Content”). The Third Party Website Content is provided for your convenience and information only. The Third Party Website Content is not under PREIT’s control and PREIT is not responsible for the content of any Third Party Website Content, including any further links contained in the Third Party Website Content. If you decide to access any Third Party Website Content, you do so entirely at your own risk. If Third Party Website Content links or refers to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with PREIT. In most cases, PREIT is not aware that a third party has linked or refers to the Website.
The Website Content of the Website is intellectual property owned, controlled, and/or licensed by PREIT. We expressly reserve all of our intellectual property rights in and to the Website and Website Content. No portion of the Website Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. PREIT is the owner or authorized licensee of, or is otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Website. All trademarks and service marks of PREIT that may be referred to on the Website are the property of PREIT. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners.
Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PREIT’s trademarks, service marks, or copyrights without our prior written permission. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website except as expressly permitted by PREIT.
If you believe that another user of the Website is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, the following information in the form of a notification, pursuant to the Digital Millennium Copyright Act (“DMCA”), must be provided to PREIT’s designated DMCA Agent at Joshua.Talley@preit.com:
- identification of the copyrighted work(s) claimed to have been infringed;
- identification of the supposedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the material on the Website;
- your address, telephone number, or email address;
- a statement that the you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
- identification of the supposedly infringing material that is to be removed;
- a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent or by certified mail and marked “Copyright Infringement” Attention: DMCA Agent at the address set forth at the end of these Terms.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
Termination of Service
PREIT may suspend or terminate your right to access the Website, at any time, without notice, for conduct that PREIT believe violates these Terms and/or is harmful to other users of the Website, to PREIT, to our partners, to the contributors, to the business of our Internet service provider, to other information providers, or as we otherwise deem appropriate, in our sole discretion.
You acknowledge that any of your conduct that is inconsistent with the provisions of these Terms may cause PREIT irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that PREIT may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, the Website shall be governed by the laws of the State of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue in the state or federal courts in Philadelphia County, Pennsylvania with respect to such matters.
PREIT makes no representation that the Website or Website Content are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
The Website or Website Content may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website or Website Content, or any products utilizing such data, in violation of the United States export laws or regulations.
Changes to These Terms
PREIT may make changes to the Website, the Website Content, and these Terms, or stop providing the Website and/or Website Content at any time and without further notice to you. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
If you have questions or concerns about these Terms, please contact us at:
Pennsylvania Real Estate Investment Trust
Attn: General Counsel
2005 Market Street
Philadelphia, PA 19103
Copyright © 2020. Pennsylvania Real Estate Investment Trust. All Rights Reserved.
Effective as of August 5, 2020