Privacy and Terms

Privacy Policy

Last Updated: December 31, 2019

This Privacy Policy describes how Brookfield Properties collects, uses, and discloses your personal information both offline and on the websites, apps, and services where this Privacy Policy appears or is referenced. This Privacy Policy does not apply to personal information Brookfield Properties collects from its employees and contractors.

By accessing a Brookfield Properties website on which the Privacy Policy is available, you confirm that you have read, understand, and acknowledge the terms of this Privacy Policy. For the purpose of European data protection laws, Brookfield Properties act as a controller in connection with certain personal information described in this Privacy Policy. This Privacy Policy is not a contract and does not create any legal rights or obligations.

This Privacy Policy includes the following sections. You should read the entire Privacy Policy; however, you may use the links below to be directed to the information you are seeking.

1. We collect and use personal information from and about you. The information we collect depends on how you interact with us.

2. We use personal information as described here. We may use personal information for marketing, to respond to your requests, to provide you with services, to improve our products and services, to comply with our obligations, to administer our websites and services, for internal operations and security purposes, for hiring purposes, and as otherwise disclosed or permitted by law.

3. We collect personal information about you from various sources. These sources include collecting information directly from you and your device, from our vendors and other sources, and by combining information.

4. We share your personal information with other parties. We may share personal information with parties including, the Brookfield Properties family of companies and business units, service providers and vendors who perform services on our behalf, our business partners and marketing companies, to comply with the law or to protect ourselves, our customers and others, or as part of a transaction.

5. You have certain choices about how we use your personal information. You can opt-out of some of our uses of personal information. This includes certain of our online tracking and advertising tools, and our promotional email.

6. Your California Privacy Rights. Residents of California have additional choices under California law. You can learn about these in this section.

7. Your EU Privacy Rights. Residents of the EU have additional rights under EU law. You can learn about these in this section.

8. Your Canadian Privacy Rights. Residents of Canada have additional rights under Canadian law. You can learn about these in this section.

9. We may process and store information in the United States. Information processed and stored in the United States may be accessed by United States law enforcement according to United States law.

10. Our websites and services are not intended for children.

11. We use standard security measures. However, the internet is not 100% secure, and we cannot promise that your information will be completely safe.

12. We may link to third party sites or services we don’t control. We are not responsible for these sites or services

13. Feel free to contact us.

14. We may update this Privacy Policy.

We collect and use personal information from and about you.

Brookfield Properties (and the vendors we hire to perform services on our behalf) collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us. For example:

We collect Contact Information. For example, we might collect your name, email address, account username and password, social media account handles, phone number, and mailing address.

We collect Commercial and Preference Information. We may collect information about your purchase history, retailer preferences, leasing details, apartment rental history, and your other transactions and preferences. We may also collect your comments that you post on our websites or blogs and your responses to surveys you complete. In certain circumstances such as in the case of a residential home purchase, we may collect or ask you to provide additional personal information such as government issued identification, financial information and employment information. At parking garages at certain of our properties, we may use license plate reader technology to collect license plate and vehicle-related information including a photograph of the license plate (which may include parts of the vehicle surrounding the license plate), the GPS location of the vehicle, and the time and date of the read.

We collect Internet and Network Activity Information. If you use our websites or apps, we may collect information about the browser you are using and your IP address. We might also collect device identifiers and information about how you use our Wi-Fi network and other services. We might collect information at the site you came from, or the site you visit when you leave us. We may collect page interaction information (such as what areas of the websites you visit and for how long, what search terms you enter, and what products or content you view and click on), and methods used to browse away from the page. If you use our mobile apps, we may also look at how often you use the app and where you downloaded it.

We collect Location Information. We automatically collect your precise GPS location when you access our apps or the mobile version of our websites. We also collect information about your general location, using your zip code or postcode and IP address.

We collect Demographic Information. We may collect information like your ethnicity, gender, birth date, age, language spoken, housing status, current household size, current household type, annual household income, desired housing characteristics and desired housing location or community.

We collect Payment Information. We collect your credit card and other payment details if you make a purchase or sign up through some of our services.

We collect Employment-Related Information. When you apply for a job, we collect information you submit as part of your application and resume. This might include your work experience and previous employment, your education, the URL to your personal or professional websites, your workplace skill sets and certifications, whether you need a visa or require sponsorship, and/or salary expectations. If you apply for a job, you may choose to also voluntarily provide any of the following information: ethnicity, gender, disability status, and/or veteran status.

We collect Audio/Visual Information. When you visit certain properties, we may record audio and video at the property.

We collect and develop Inferences. Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

We use personal information as described here.

We use the above-referenced categories of personal information for the following purposes:

We use information to provide you with services and fulfill your transactions.

We use information for marketing purposes. For example, we might use personal information to provide you with information about special promotions, retailer discounts, purchase incentives, prize promotions, shopping guides, or offers. We might also use this information to send push notifications on our app and to serve you ads about our products and offers. We might tell you about new features or services. These might be our own offers or products, or third-party offers or products we think you might find interesting. You may opt-in to receive our email newsletters or to receive text messages from us. To learn about your choices for these communications, read the Choices section below.

We use information to respond to your requests or questions. We use information to contact you in response to your feedback or other matters related to our relationship with you (such as about this Privacy Policy or our Terms of Use). If your inquiries or feedback relate to your leases, purchases, or an account, we may also use your information to address the matter.

We use information to analyze and improve our products and services. For example, may use your information to make our websites, apps, services, and products better. We might use your information to customize your experience with us and to conduct research and analysis.

We use information to comply with our obligations, administer our websites and services, and for internal operations. For example, we use personal information to administer the websites, such as troubleshooting, data analysis, and testing.

We use information for security purposes. For example, we may use personal information to protect our company, our customers, and our business partners. We also may use personal information to protect our websites or our services, as well as to detect and investigate activities that may be illegal or prohibited (such as cyber attacks or fraudulent transactions).

We use information for hiring purposes. For example, we use Contact Information and Employment-Related Information to review your job applications and contact you about employment opportunities. If you choose to voluntarily submit your ethnicity, gender, disability status, and/or veteran status in connection with a job application, we will use that information for statistical tracking purposes (not for hiring decisions), in accordance with applicable law.

We use information for verification purposes. For example, we will use certain pieces of personal information to verify your identity if you make requests pursuant to this Privacy Policy. The verification steps and the pieces of personal information that we request may vary depending on the sensitivity and nature of your request.

We use information as otherwise disclosed or permitted by law, or as we may notify you. We may use personal information to create deidentified or aggregated data which does not identify you or any other individual. We may use and disclose this anonymous or aggregated data as we choose.

We collect personal information about you from various sources.

We collect personal information about you from various sources, directly and indirectly, including from the following sources:

We collect personal information directly from you. For example, we collect information if you sign up for an account, enter into an agreement, participate in a promotion, contact us, sign up for our text and other messages, or sign up for investor alerts or other emails. We also collect Payment and Commercial and Preference Information if you make a purchase and we collect Employment-Related Information if you apply for a job. We also collect any personal information you provide if you post a comment, make a request, or complete a survey.

We collect personal information from your devices. We use tracking tools like browser cookies and web beacons to automatically collect information about you. We collect information when you interact with our websites, our apps, our ads, or our emails that we or our vendors send to you. To learn about your choices for these tracking tools, read the Choices section below. We may also collect information for your devices passively using WiFi technology.

We receive personal information from vendors we hire to work on our behalf. For example, vendors that host or maintain our websites and apps and send promotional emails for us may give us information. Our employment and recruiting vendors also give us information. Our marketing agencies, advertising technology vendors, and analytics providers may also provide us with information.

We receive information about you from other sources. Other parties may give us personal information about you. These other parties might also include business and marketing partners and social media platforms that give us information they have collected either directly or indirectly from you. We may also receive Employment-Related Information from a job network or social network if you choose to import your information from those platforms when applying for a job with us. We also use features that let your friends give us your information.

We combine information. We may combine information that we have collected offline with information we collect online. Or we may combine information we get from another party with information we already have. We may also aggregate your information with other consumers’ information to understand preferences and trends over time.

We share your personal information with other parties.

We share personal information under the following circumstances:

We may share each category of personal information within the Brookfield Properties family of companies. This includes our parent, subsidiaries, affiliates, and business units. We may also share personal information with subsidiaries, affiliates, and business units of our parent company. We share personal information within the Brookfield Properties family of companies for all purposes described in this Privacy Policy.

We share your personal information with vendors and service providers who perform services on our behalf. We may share personal information with vendors who assist us with the uses of personal information described in this Privacy Policy. This may include vendors who send emails for us, help us manage and operate our websites and apps, manage our properties, fulfill purchases, provide tenant and guest services, provide advertising or marketing services, provide analytics and search engine support, track advertising impressions, investigate and prevent data incidents, provide physical and digital security services, audit our business and financial statements, vet job applicants, provide legal advice, and place our advertisements on other platforms. Personal information received by vendors may also be subject to their privacy policies.

We share your personal information with our business partners and marketing companies. We might share information with third parties who co-sponsor a promotion or promote our services. Some of these partners may send you information about products or services by mail or email. They may share your information with other third parties. We may also share the above categories of personal information with companies that help us with our marketing efforts, including social media platforms, advertising networks, and ad tech companies. For example, we may share email addresses of other contact information with social media platforms so they can serve our advertising to you on their platform. Personal information received by our partners may also be subject to their privacy policies.

We will share your personal information if we think we have to in order to comply with the law or to protect ourselves, our customers and others. We may share any or all categories of personal information to respond to a court order or subpoena. We may also share this personal information if a government agency or investigatory body requests it. We might share your personal information in order to enforce our agreements and to protect our rights and/or the rights of others. We might share your personal information when we are investigating potential fraud. This might include fraud we think has happened during a promotion. If you are the winner of a sweepstakes or contest, we may also share your certain Contact Information with anyone who requests a winner’s list.

We may share your personal information as part of a transaction, financing, or for other business needs. For example, if Brookfield Properties sells any of its businesses or assets, applies for loans, or opens bank accounts, we may disclose your personal information to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes. We also share information for the purpose of management and administration of Brookfield Properties’ business.

We may share your personal information with a successor to all or part of our business. If part of our business (including any of our affiliates, divisions, and business units) is acquired by a third party, we may include personal information as part of that transaction, which may include some or all categories of your personal information. We may also share your personal information if there is a similar change to our corporate structure. We may also share your information with others as they conduct diligence of our corporate changes.

We may share personal information for other reasons we may describe to you from time to time or as permitted by law.

You have certain choices about how we use your personal information.

You can opt out of receiving our marketing emails and text messages. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us. If you receive promotional text messages from us, you may opt-out by replying “STOP”. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.

You can control if we share information with third parties for their marketing purposes. To opt out of having us share your information with third parties for their promotional purposes, please send an email to dataprivacy@brookfieldproperties.com.

You can control certain cookies and tracking tools. To learn more about the cookies we use and to set your cookie preferences, click on the Cookie Settings link in the footer of each Brookfield Properties website you visit. Keep in mind that the cookies used on our various websites will differ and you will need to set your preferences on each Brookfield Properties site you visit. Your browser may also give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. Since flash cookies do not reside in your browser, your browser settings will not affect them. To control flash cookies, you thus need to click here.

We and third party advertising networks, social media companies, and other services may collect information about your use of our websites and apps over time so that they or we may display interest-based advertising using information gathered about you over time across multiple website or other platforms. To do this, we and our vendors use several common tracking tools, such as browser cookies, web beacons, and similar technologies. To set your preferences related to this type of information collection and use, click on the Cookie Settings link in the footer of each Brookfield Properties website you visit. You can also visit www.aboutads.info/choices to opt-out of certain uses of cookies for advertising purposes. We use Google Analytics to better understand how our users interact with our websites. You can learn about Google Analytics’ currently available opt-outs at https://tools.google.com/dlpage/gaoptout/.

Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our site may not work. If you block or reject cookies, not all of the tracking described here will stop.

Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

Your California Privacy Rights.

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

If you reside in California, you can make the following more specific requests with respect to your personal information:

  • Access – You can request that we disclose to you the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting and selling the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you over the past 12 months.
  • Deletion – You can request that we delete your personal information that we maintain about you, subject to certain exceptions.
  • Do Not Sell My Info – You can request that we not sell your personal information by clicking Do Not Sell My Info. For purposes of this Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable California law. Please note that if you make a request to opt-out of sale, note that if you would like to opt-out of cookie-based tracking for advertising purposes, you will need to separately click the Cookie Settings link in the footer of each Brookfield Properties website you visit to set your preferences. You can also visit www.aboutads.info/choices to opt-out of certain uses of cookies for advertising purposes. Your selections are specific to the device, website and browser you are using. Your selections are also deleted whenever you clear your browser’s cache.

Brookfield Properties will not discriminate against you because you made any of these requests.

California residents can make these requests online by clicking here, by emailing us at dataprivacy@brookfieldproperties.com or by calling us at (855)-834-8394. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Note that for purposes of these requests under this Privacy Policy, personal information does not include information about job applicants, employees and other of our personnel; information about employees and other representatives of third-party entities we may interact with; or information we have collected as a service provider to our clients.

We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us.

California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.

For purposes of making these requests, please also note the following regarding how we collect and use your personal information as described in this Privacy Policy, including in the previous 12 months:

  • We may collect, and use for our business and commercial purposes, the following categories of personal information as set forth in applicable California law: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); commercial information; professional or employment information; internet or other electronic network activity information; geolocation data; education information; audio, electronic or visual information; and inferences. We collect this personal information from the sources described above.
  • We may disclose each of the foregoing categories of personal information for the business purposes described in this Privacy Policy to the extent permitted by applicable law.
  • We may sell the following categories of personal information: Identifiers; payment and customer records information; demographic information; commercial information; Internet or other electronic network activity; geolocation data; and inferences.

Your EU Privacy Rights.

As detailed below, to the extent provided by the law of your jurisdiction, you may have legal rights in relation to the personal information about you that Brookfield Properties holds. We may require you to prove your identity with approved identification if you request this information.

Lawful basis for processing your personal data.

We process on the following legal bases:

1. Contract: It is necessary for our performance of the contract you have agreed to enter with us. If you do not provide your personal data to us, we will not be able to carry out our obligations under the terms of the contract.

2. Legitimate Interests: We are permitted to process your personal data if it is based on our legitimate interests. In relation to general inquiry and complaints you send us, our legitimate interest is to provide you with information you have requested and to provide customer support. You can object to the processing that we carry out on the grounds of legitimate interests. See the section "Rights of data subjects" below to find out how.

3. Consent: Where you have given us consent to do so, we provide you, or permit third parties to provide you, with information about goods or services which we feel may interest you. You have the right to withdraw your consent. Please see the section "Rights of data subjects" below to find out how.

4. Legal Claims: We need to process your personal data to defend or establish a legal claim (for example, claims relating to the sale of our goods and services under contract law).

Rights of data subjects

You have the following rights, where provided under applicable law, regarding your information (each of which are subject to various exceptions and limitations):

1. The right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we are providing you with the information in this Privacy Policy.

2. The right of access: You have the right to obtain access to your information (if we are processing it), and certain other information (similar to that provided in this Privacy Policy). This is so you are aware and can check that we are using your information in accordance with data protection law.

3. The right to rectification: You are entitled to have your information corrected if it is inaccurate or incomplete.

4. The right to erasure: This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.

5. The right to restrict processing: You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.

6. The right to data portability: You have rights to obtain and reuse your personal data for your own purposes across different services and platforms.

7. The right to object: You have the right to object to certain types of processing, in particular processing based on our legitimate interests. You also can object at any time to your information being used for direct marketing purposes (including profiling related to such direct marketing). Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

8. The right to refuse or withdraw consent: You have the right to refuse to provide and withdraw your consent to processing of your personal information at any time with effect for future processing.

If you are not satisfied with our response to your complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the UK Information Commissioner's Office (ICO): https://ico.org.uk/concerns/.

Please note your rights in relation to your personal data are not absolute. We may, for example, deny you access to your personal data when required or authorized by law, or if granting access would have an unreasonable impact on another individual’s privacy.

We will retain and use your personal information as necessary to comply with our legal and business obligations, resolve disputes, and enforce our agreements.

Your Canadian Privacy Rights.

Residents of Canada may access, review, and request correction their personal information held by Brookfield Properties.

We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us.

We reserve the right not to change personal information if we disagree that it is incorrect, but we will append your requested alternative information. We may not provide access to personal information where permitted or required to deny access by the applicable law, for example, where the information requested would disclose the personal information, including opinions, of another individual or if it is subject to solicitor-client or litigation privilege.

You have the right to refuse to provide or to withdraw your consent to processing of your personal information at any time with effect for future processing. This would not affect processing where the applicable law allows us to process personal information without consent.

We may process and store information in the United States.

Information we collect from you may be transferred to, processed in, or stored in the United States or another destination outside of the European Economic Area (“EEA”), Canada, or your jurisdiction of residence. Information may be processed by personnel operating in these locations who work for us or one of our business partners. As a result, this information may be subject to access by and disclosure to government and law enforcement agencies in those countries according to their laws. The standard of data protection in the United States and in certain other countries where we may process your information is considered by the European Commission to be not adequate when compared to the data protection standards of the EU and EEA. By using our websites or submitting your personal data, you consent to such transfer, storing and processing.

Our websites and services are not intended for children.

Our websites and our services are meant for adults. We do not knowingly collect personal information from children under 16. If you are a parent or legal guardian and think your child has given us information, you can contact us at dataprivacy@brookfieldproperties.com.

We use standard security measures.

The Internet is not 100% secure. We cannot promise that your use of our websites, apps, or services will be completely safe. Any transmission of your data to our websites is at your own risk. We encourage you to use caution when using the Internet. We keep personal information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep information as otherwise required by law. Personal information may be accessed by persons within our organization, or our third party vendors, and those other parties described in this Privacy Policy, who require such access to carry out the purposes described in this Privacy Policy, and such other purposes as permitted or required by applicable law.

We may link to third party sites or services we don’t control.

If you click on a link to a third party site or a third party app, you will be taken to a website or service we do not control. This Privacy Policy does not apply to the privacy practices of that website or services, which may collect information from you. Read the privacy policy of other websites, apps, and services carefully. We are not responsible for these third party websites or services or their policies. At certain public locations like malls operated by Brookfield Properties, guests who wish to access Wi-Fi services may be required to agree to a different privacy policy at the time of access.

Feel free to contact us.

If you have any questions about this Privacy Policy or want to access, correct or update your information, please email us at dataprivacy@brookfieldproperties.com. You can also write to our Privacy Manager at Brookfield Properties 350 N Orleans St. Suite 300, Chicago, IL 60654 or call at (855)-834-8394.

We may update this Privacy Policy.

From time to time we may change this Privacy Policy. We will notify you of any material changes to our Privacy Policy to the extent required by law. We will also post an updated copy on our websites. Please check our websites periodically for updates. Your continued use of our websites means that you consent to the collection, use and disclosure of your personal information as set out in the updated Privacy Policy.

 

Terms of Use

These Terms of Use (this "Agreement") is provided by Brookfield Properties Retail Inc. (“Brookfield Properties Retail,” “Us,” “Our,” or “We”) and communicates details and terms concerning Our marketing programs including email and texting programs, mall mobile applications, mall websites, digital platforms, and customer service survey programs (collectively, “Brookfield Properties Retail Sites, Survey, & Club/App Programs”). Brookfield Properties Retail provides these marketing and customer service survey programs to Brookfield Property REIT Inc.  (“BPR”) and its affiliates. Brookfield Properties Retail Sites, Survey, & Club/App Programs provide services to BPR customers that include retailer discounts, prize promotions, shopping guides, parking related services and wayfinding, as well as information on events, fashion, retailer promotions and collaborations and offers involving Us or Our business partners and allows customers to provide feedback regarding their experience at BPR malls (collectively the “Services”).

ACCEPTANCE OF TERMS: All Brookfield Properties Retail Sites, Survey, & Club/App Programs are subject to these Terms of Use. By using the Services or registering for Brookfield Properties Retail Sites, Survey, & Club/App Programs you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including, without limitation, U.S. laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. If you do not agree to these Terms of Use, please do not use or engage in Brookfield Properties Retail Sites, Survey, & Club/App Programs. 

Please read the Terms of Use carefully as they contain important information, including how any disputes between you and Brookfield Properties Retail must be resolved through arbitration or small claims court.

We may translate this Agreement into other languages; any inconsistencies among the different versions will be resolved in favor of the English version.

INTENDED AUDIENCE/USE: All the information, communications, software, photos, text, video, graphics, music, sounds, images and other materials and services (collectively the “Content”) on or presented through the Brookfield Properties Retail Sites, Survey, & Club/App Programs is intended for the lawful use of the general public, age 16 or older. Such Content may not be used for any commercial purpose without permission from Brookfield Properties Retail or the rightful owner. Brookfield Properties Retail controls and operates its Services and Brookfield Properties Retail Sites, Survey, & Club/App Programs from the United States of America and Brookfield Properties Retail does not represent that these materials are appropriate or available for use in other countries. 

INTELLECTUAL PROPERTY/RESTRICTIONS ON USE OF CONTENT: You are advised that Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. You are granted permission to access the Content, in whole or in part, solely for your personal, non-commercial use. All other use of Content including, but not limited to, uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works, distribution, display, incorporation into another web site, or in any other way exploiting any of the Content, in whole or in part, other than as expressly or previously permitted, may not be made without Brookfield Properties Retail's prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, Brookfield Properties Retail is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner. 

SUBMISSIONS/SECURITY: Brookfield Properties Retail does not guarantee the security of any information transmitted or collected, however, we make commercially reasonable efforts to safeguard the confidentiality of your user information, these include secure servers and firewalls. We request that you do not forward additional information to Brookfield Properties Retail that is not requested by Brookfield Properties Retail, such information will be considered non-confidential and may be used by Brookfield Properties Retail or its affiliates without compensation to you. You are prohibited from using Brookfield Properties Retail Sites, Survey, & Club/App Programs to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You may not send submissions, content, or comments to Brookfield Properties Retail through Our customer service channels that you consider proprietary.

LINKS TO THIRD-PARTY WEB SITES: Links provided on various platforms or in communications may provide the User with easy access to a site not under the control of Brookfield Properties Retail, accordingly, Brookfield Properties Retail makes no representations whatsoever concerning the content of those sites. The fact that Brookfield Properties Retail has provided a link to a site is not an endorsement by Brookfield Properties Retail. Brookfield Properties Retail is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website. 

PARTICIPATION IN PROMOTIONS AND ACTIVITIES: If you choose to participate in a promotion, survey, or other Brookfield Properties Retail-sponsored activity (“Activity”), you agree to comply with any rules and regulations governing such Activity. As a condition of your continued participation in the Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: 1) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; 2) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; 3) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: 1) interfere with or disrupt the service or servers or networks connected to Our Services; 2) collect or store personal User Information; 3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Activity. You agree that Brookfield Properties Retail may disqualify you from participating in an Activity if We suspect foul-play and We may work with local, state, or federal officials or agencies if We or suspect illegal activity. 

SPECIFIC PROGRAMS:

EMAIL PROGRAMS:

  • To stop receiving Our promotional emails, you can follow the instructions in any promotional message you get from Us.  Even if you opt out of getting marketing messages, We may still send you transactional messages.

TEXTING PROGRAMS:

  • To opt-out of receiving marketing text messages from Us, text “STOP” (you will receive a confirmation message) to 50304 from the mobile device that we sent a message to.   You may also email the word “STOP” along with your mobile phone number to TheClub@brookfieldpropertiesretail.com.  
  • Message and data rates may apply when sending or receiving texts so please review your agreement with your carrier.
  • By agreeing to receive text messages from Us, you will receive automated messages to the phone number you provided.
  • Customer service support for any Club member is available at TheClub@brookfieldpropertiesretail.com or by texting "HELP" to 50304. 
  • Brookfield Properties Retail's mobile programs send marketing messages via text using the Short Code 50304. Additional texts may be sent to comply with government regulations or to disclose changes to the terms and conditions of Our program.
  • When you provide your consent to join one of our texting programs, including a sweepstakes promotion, you are providing your consent to receive autodialed messages from us to the number you provided.  Checking an unchecked box or sending the text message reply of “Yes” is your signature and written consent.  Consent is not required for, and is not a condition of, a purchase.  Expect to receive the number of autodialed messages disclosed to you by us and agreed upon by you. Sponsor is not responsible for texting fees charged by a mobile carrier and not all carriers participate.

SURVEY PROGRAM: By providing your contact information in a survey or by electing to receive Our surveys, you have agreed to allow Us to contact you. Our surveys and communications may be sent by Brookfield Properties Retail, or a third-party vendor (“Survey Provider”) that Brookfield Properties Retail has hired, in order for Us to provide the Services. To opt-out of receiving communications relating to our survey program, please follow the applicable instructions in Our communication to you concerning our Survey program.

PRIZE PROMOTIONS: If you decide not to be involved in one of Our programs, you may still remain an entrant in certain contests or sweepstakes and be contacted by Us in connection with the prize promotion you entered. Please refer to the Official Rules of the promotion you entered for complete details. 

WI-FI ACCESS: Electing to access Wi-Fi at a BPR mall requires a user to agree to an entirely different privacy policy and terms of conditions (“WiFi Agreement); this WiFi Agreement is available to you when you attempt connection to Brookfield Properties Retail’s Wi-Fi.

BROOKFIELD PROPERTIES RETAIL APP:

·         You may use the Brookfield Properties Retail App solely for private and personal purposes. Brookfield Properties Retail grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Brookfield Properties Retail App for your own, non-commercial purposes, and subject to this Agreement. For example, you may not: (i) offer to third parties a service of your own that uses the service; (ii) offer to rent or lease or sell the service; (iii) offer the service to the public or integrate it within a service of your own; (iv) interfere with or violate any third party or other user's right to privacy or other rights, or harvest or collect personal information about visitors or users of the service and/or Brookfield Properties Retail App without their express consent; or (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. When using or interfacing with the Brookfield Properties Retail APP, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. The examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities.  Brookfield Properties Retail retains the right to block your access to the Brookfield Properties Retail App and discontinue your use of any service, at any time and for any reason Brookfield Properties Retail deems appropriate, at its sole and absolute discretion. 

·         You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Brookfield Properties Retail App, and you further agree and acknowledge that your use of or reliance on the Brookfield Properties Retail App is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Brookfield Properties Retail App. Any Internet connection required to use the Brookfield Properties Retail App, and any associated charges (e.g. mobile data expenses), is your exclusive responsibility. 

·         Brookfield Properties Retail exerts efforts to provide you with a high quality and satisfactory service; We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, accurate, free of malfunctions, bugs or failures, including, but not limited to hardware or software failures. Additionally, and without derogating from the above DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY clause, Brookfield Properties Retail disclaims any warranties relating to the accuracy of the maps, parking guides, traffic or road conditions, directions, or routes presented or displayed in the Brookfield Properties Retail App. 

·         Directions for in-mall navigation and assumption of risk; We strive to be as accurate as possible when we provide store locations and directions to navigate our mall (collectively, “Directional Services”), however, this information may be incomplete or inaccurate and store locations may change. By using the Our Directional Services, you agree to be responsible, at all times, for your actions and the consequences resulting from your actions.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY:  BROOKFIELD PROPERTIES RETAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR SERVICES OR BROOKFIELD PROPERTIES RETAIL SITES, SURVEY, & CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BROOKFIELD PROPERTIES RETAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROOKFIELD PROPERTIES RETAIL SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. BROOKFIELD PROPERTIES RETAIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE ITS SERVICES OR BROOKFIELD PROPERTIES RETAIL SITES, SURVEY, & CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BROOKFIELD PROPERTIES RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BROOKFIELD PROPERTIES RETAIL'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER. 

BREACH & INDEMNITY:  Without derogating from any applicable law, you agree to indemnify and hold harmless Brookfield Properties Retail and its parent companies, subsidiaries, affiliates, employees, officers, directors, agents, and each of the shopping center owners who have contracted with Brookfield Properties Retail (collectively, “Indemnified Parties”), from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of this Agreement. In view of the fact that content and services provided by Brookfield Properties Retail are free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Brookfield Properties Retail, its employees, officers, directors or agents as a result of your violation of this Agreement, including but not limited to legal expenses and attorney fees. 

TERMINATION: You agree that Brookfield Properties Retail, in its sole discretion, may terminate or restrict your use or access to certain Services or Brookfield Properties Retail Sites, Survey, & Club/App Programs for any reason, including, without limitation, that Brookfield Properties Retail believes you have violated or acted inconsistently with the letter or spirit of this Agreement, or the terms of a sweepstakes, contest, or other promotion. 

ARBITRATION & CLASS ACTION WAIVER:  Effective October 8, 2015, by using the Brookfield Properties Retail Sites, Survey, & Club/App Programs in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Brookfield Properties Retail and its parent companies, subsidiaries, Indemnified Parties, and affiliates (all such individuals and entities collectively referred to herein as the “Company Entities” or singularly as “Company Entity”) arising out of, relating to, or connected in any way with the Brookfield Properties Retail Sites, Survey, Club Programs, & Our Wi-Fi Service or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by the Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Brookfield Properties Retail Sites, Survey, & Club/App Programs; (4) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Brookfield Properties Retail agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Brookfield Properties Retail will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use, the Company Entities may resort to court action for injunctive relief at any time.  Further, notwithstanding any other provision of these Terms of Use, you and the Company Entities may mutually agree to resolve any claim, dispute or controversy in small claims court.

GENERAL INFORMATION: You agree that the statutes and laws of the United States apply when you access Our Services and partake in Brookfield Properties Retail Sites, Survey, & Club/App Programs. This Agreement is governed by the internal laws of the State of Illinois without regard to principles of conflict of laws. You agree that, to the extent any dispute is determined to fall outside of the arbitration clause & class action waiver above, any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Chicago, Illinois, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of Our Services or Brookfield Properties Retail Sites, Survey, & Club/App Programs must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions. 

The failure of Brookfield Properties Retail to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. 

VIOLATIONS & NOTICES: We rely on Our users to bring copyright infringement matters to Our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement may contact TheClub@brookfieldpropertiesretail.com. Please report any violations of this Agreement by sending us written notice at one of the following addresses (We accept such notices via mail or email), email us at TheClub@brookfieldpropertiesretail.com

Brookfield Properties Retail Inc. 
Attn: Marketing Database Manager (Club/Survey)
350 North Orleans Street, Suite 300
Chicago, IL 60654

WE MAY UPDATE THIS AGREEMENT:  From time to time we may change this Agreement. We will notify you of any material changes to this Agreement to the extent required by law. We will also post an updated copy on our websites. Please check our websites periodically for updates. Your continued use of our websites means that you consent to the terms as set out in the updated Agreement.

WI-FI ACCESS TERMS OF USE 

Lasted updated:  January 9, 2020

Brookfield Properties Retail Inc. (“Brookfield Properties Retail”, “our” or “we”) provides Wi-Fi service (“Our Wi-Fi Service”) to you at select shopping centers without a fee if you join our marketing program (“Marketing Program”) and acknowledge that you have read and agree to this Wi-Fi Access Privacy Policy and Terms of Use (the “Wi-Fi Agreement”).  Your use of Our Wi-Fi Service constitutes your agreement to join our Marketing Program and your acceptance of this Wi-Fi Agreement. 

Please read this Wi-Fi Agreement carefully as it contains important information, including how any disputes between you and Brookfield Properties Retail must be resolved through arbitration or small claims court. 

Intended Audience/Use. Anyone joining our Marketing Program or using Our Wi-Fi Service must be age 16 or older. Brookfield Properties Retail controls and operates its Marketing Program and Our Wi-Fi Service from the United States of America and Brookfield Properties Retail does not represent that these materials or programs are appropriate or available for use in other countries. 

Intellectual Property/Restrictions. You are advised that content viewable when using Our Wi-Fi Service or included in our Marketing Program is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. Such content, in whole or in part, is solely for your personal, non-commercial use and all other use of content, in whole or in part, may not be made without the owner’s prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, Brookfield Properties Retail is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner. 

Participation in Promotions and Activities.  If you choose to participate in a promotion, prize promotion, survey, or other Brookfield Properties Retail-sponsored activity (“Promotional Activity”), you agree to comply with any rules and regulations governing such Promotional Activity. As a condition of your participation in such Promotional Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: i) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; ii) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; iii) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: i) interfere with or disrupt the service or servers or networks connected to Our Wi-Fi Service; ii) collect or store personal information of others; iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted. You agree that Brookfield Properties Retail may disqualify you from participating in a Promotional Activity, if we suspect foul-play and we may work with local, state, or federal officials or agencies if we or suspect illegal activity. 

Updates. Before using Our Wi-Fi Service, please read this document carefully. Brookfield Properties Retail reserves the right to modify this Wi-Fi Agreement by updating the document and posting the current document. To the extent we determine, in our sole discretion, that a modification is material, we will publish the updated Wi-Fi Agreement and present them on the access screen you see when you initiate access to our Wi-Fi network.   To the extent a dispute arises, the version of the Wi-Fi Agreement in existence at the time of said dispute will govern.  Your access to, and continued use of, Our Wi-Fi Service represents your agreement to the current Wi-Fi Agreement. IF YOU DO NOT AGREE WITH THE WI-FI AGREEMENT, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE OUR WI-FI SERVICE. 

Access Limitations. Our Wi-Fi Service is not offered by Brookfield Properties Retail with the intent to allow unlimited, unrestricted access to the Internet and there is no guarantee of service. We may, at our sole discretion, restrict access to certain sites and prohibit certain communications from, or received by, a user. Additionally, we may impose a limitation on the amount of time a user may access Our Wi-Fi Service.

User's Obligations & Assumption of All Risks of Use/Limitation of Liability/Security. Under no circumstances will Brookfield Properties Retail, its parent companies, subsidiaries, the owners of the shopping centers who have contracted with Brookfield Properties Retail, or their respective officers, directors, employees, agents or affiliates (“Brookfield Properties Retail Parties”) be liable for any legal damages (whether based on tort, breach of contract or equitable theories) based on any claim of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, arising out of or as a result of the user's use of this wireless network. You agree to assume all risks including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses arising from, connected to, or resulting from use of this wireless network. You acknowledge and agree that Our Wi-Fi Service is not secure, that Brookfield Properties Retail has no responsibility to secure Our Wi-Fi Service, and that your use of Our Wi-Fi Service is at your own risk. As such, you should not transmit any credit card information, passwords or any other sensitive personal information while using the Our Wi-Fi Service. Anti-virus and security protection are your sole responsibility. You are strongly encouraged to provide virus and firewall protection for any device used to access any wireless network.

User's Acknowledgments/Authorized Use. By using this free wireless network, you are agreeing and acknowledging you have read and accepted this Wi-Fi Agreement and that you are authorized to use Our Wi-Fi Service. Further, you are agreeing to waive any claims against Brookfield Properties Retail Parties that may arise from your use or not being able to access content, communications, media, matter, websites, or the internet. You agree to only use Our Wi-Fi Service while you are a guest of our shopping center and that such use is subject to the terms and conditions of this Wi-Fi Agreement. You agree that you are responsible for your activities while using Our Wi-Fi Service including for any content, information and other materials you access or transmit via Our Wi-Fi Service. You acknowledge: i) the use of this wireless network may not be uninterrupted or error-free; ii) use of this wireless network may expose you or your device to security risks and that Brookfield Properties Retail does not guarantee the security of this wireless network; iii) and agree not to engage in any activity via Our Wi-Fi Service that is in violation of any applicable laws, rules, or regulations and to the indemnification statement included herein; and iv) your use of Our Wi-Fi Service is solely for your personal, non-commercial, lawful use and you agree not to reproduce, duplicate, copy, sell, exploit, or use any aspect of Our Wi-Fi Service for any unlawful, prohibited, or commercial purpose including, but not limited to:  a) conduct that is unlawful or infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission) or actions that violates another party’s or person’s privacy rights or other rights; b) conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk; c) conduct that interferes with the operation of, use of, or enjoyment of, any service, system or use of our shopping center; d) interference or interception of communications; e) violating the security or integrity of, or gaining unauthorized access to Our Wi-Fi Service, or any other service, system or communication; f) imposing unreasonable or disproportionately large loads on any system or infrastructure; g) committing fraud or sending spam, chain letters, or other unsolicited communications to any party; h) creating a "mail drop" for such communications, or engaging or permitting e-mail relay services; i) spoofing or otherwise impersonating any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header or sender identification information in any communication; j) harassing or threatening any party or encouraging violence; k) disseminating viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; l) engaging in conduct that exposes Brookfield Properties Retail or its service providers to civil or criminal liability; m) sending or receiving any material that could be considered harmful, hateful, defamatory, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable or could give rise to any civil or criminal liability under the law. 

Submissions/Links. We request that you do not forward additional information to Brookfield Properties Retail that is not requested by Brookfield Properties Retail, such information will be considered non-confidential and may be used by Brookfield Properties Retail or its affiliates without compensation to you. You may not send submissions, content, or comments to Brookfield Properties Retail that you consider proprietary. Links provided on various platforms or in communications may provide you with easy access to a site not under the control of Brookfield Properties Retail, accordingly, Brookfield Properties Retail makes no representations whatsoever concerning the content of those sites. The fact that Brookfield Properties Retail has provided a link to a site is not an endorsement by Brookfield Properties Retail. Brookfield Properties Retail is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website. 

Indemnification. You agree to indemnify and hold harmless Brookfield Properties Retail Parties and each of its suppliers, from any claim, lawsuit, liability, loss, damage, cost, expense or attorney's fees arising out of or relating to your use of Our Wi-fi Service or how we use your information. 

No Warranty. This wireless network and any products or services provided on or in connection with this wireless network are provided on an “as is” and “as available” basis and without warranties of any kind. All conditions, representations, indemnities, guarantees and warranties (whether express, implied or arising by operation of law, custom or the prior statement(s) of any party), including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for a particular purpose, are hereby excluded and disclaimed.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY:  BROOKFIELD PROPERTIES RETAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR WI-FI SERVICE OR MARKETING PROGRAM. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BROOKFIELD PROPERTIES RETAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROOKFIELD PROPERTIES RETAIL SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. BROOKFIELD PROPERTIES RETAIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE, OR THE INABILITY TO USE, OUR WI-FI SERVICE OR OUR MARKETING PROGRAM, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BROOKFIELD PROPERTIES RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BROOKFIELD PROPERTIES RETAIL'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER. 

Arbitration & Class Action Waiver. Effective October 8, 2015, by using Our Wi-Fi Service and joining our Marketing Program, you unconditionally consent and agree that: i) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Brookfield Properties Retail Parties and our affiliates (all such individuals and entities collectively referred to herein as the “Company Entities” or singularly as “Company Entity”) arising out of, relating to, or connected in any way with Our Wi-Fi Service or our Marketing Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate; ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; iii) the arbitrator’s decision shall be controlled by the Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with Our Wi-Fi Service or our Marketing Program; iv) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; v) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; vi) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; vii) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Brookfield Properties Retail agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Brookfield Properties Retail will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and ix) with the exception of subpart v) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart v) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision in this Agreement, the Company Entities may resort to court action for injunctive relief at any time.  Further, notwithstanding any other provision of this Agreement, you and the Company Entities may mutually agree to resolve any claim, dispute or controversy in small claims court.

Additional Terms. Brookfield Properties Retail may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public’s safety is at stake. Brookfield Properties Retail assumes no obligation to inform you that your information has been disclosed to any lawful agency. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of Our Wi-Fi Service or these Wi-Fi Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Wi-Fi Terms are governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principles. You agree that, to the extent any dispute is determined to fall outside of the arbitration clause & class action waiver above, jurisdiction for any claims arising under these Wi-Fi Terms shall lie exclusively with the state or federal courts in Chicago, IL, USA. To the fullest extent permitted by applicable law, no claim under these Wi-Fi Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Application, and no class action proceedings will be permitted.

The section titles in this Wi-Fi Agreement are for convenience only and have no legal or contractual effect. If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions. The failure of Brookfield Properties Retail to exercise or enforce any right or provision in this Wi-Fi Agreement shall not constitute a waiver of such right or provision. 

Violations & Notices. We rely on our users to bring copyright infringement matters to our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement is encouraged to contact us. Also, please report any violations of this Wi-Fi Agreement by sending us written notice at one of the following addresses, we accept such notices via mail or email. 

Brookfield Properties Retail Inc.               
Attn: Marketing Database Manager
350 North Orleans Street, Suite 300
Chicago, IL 60654
Email address:  TheClub@brookfieldpropertiesretail.com 
312.960.5000

Last updated:  January 9, 2020