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Terms of Use Agreement

This is a legal agreement between you, the online service subscriber, and Data Genesis, Inc. By This License Agreement (“Agreement") is a legal agreement between the individual person licensed, with an individual User ID and Password, ("the Licensee") to subscribe to the usretailcenters.com (“USRC”) reporting and analysis service which includes but is not limited to analysis and reports on shopping centers, retailers, and retail areas ("the Service"), and Data Genesis, Inc. and its third-party suppliers (“Suppliers”). You understand and agree that certain products, services and content offered through usretailcenters.com, including products from Suppliers, may be subject to additional terms and conditions that will be presented to you when you make a purchase of a particular product and that such terms will supplement this Agreement. You agree to be bound by such supplemental terms

By clicking on the "Accept" button, accessing or otherwise using the Service, you agree to be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, click on the "Cancel" button and/or do not continue with this on-line service.

1. Licenses and Restrictions.

In consideration of the subscription fees paid, Data Genesis, Inc. hereby grants to Subscriber a limited, non-exclusive, non-transferable, license to use the Service during the Subscription Period and for a single Subscriber only ("Subscription"). If you wish to obtain access for more than one user, you must purchase a Subscription to the Service for each additional user needing access. In no circumstance may you allow a greater number of users to access the Service than the total number of Subscriptions for which you have paid. A Subscription may not be shared or used concurrently. The Service shall be used solely by Subscriber for its own business purposes so long as such business purposes DO NOT include generation of revenue from the sales of Permitted Output created by the Subscriber using the Service. Permitted Output may be used by the Subscriber for its business purposes, including use in its own research and marketing efforts in support of sales of its own services or products, including provision of the Permitted Output to potential third party purchasers of Subscriber's own products and services so long as such third parties agree not to resell, sublicense or otherwise disclose any of the Permitted Output in any form and agree to use the Permitted Output only for the purposes of evaluating its decision to purchase Subscriber's products or services.

2. Other Limitations/Restrictions.

UNLESS OTHERWISE EXPRESSLY PERMITTED HEREIN YOU MAY NOT: (1) reverse engineer, decompile, deconstruct or otherwise decode any portion of the Permitted Output (2) make derivative works including but not limited to translations, adaptations, arrangements or any other alteration (each of which would become the property of Data Genesis, Inc. or its Third Party Licensors, as applicable) of the Permitted Output; (3) sell, rent, lease or lend access to the Service; (4) sell, rent, lease, lend or otherwise license Permitted Output for revenue; (5) enter into any reseller, distribution or third party arrangements for distribution of Permitted Output such as, but not limited to, electronic, online, subscription, "fee for service" or general, uncontrolled availability to the public without an explicit prior written agreement with Data Genesis, Inc.; (6) No Automated Querying: You may not send automated queries of any sort to The Planet's system.

3.Terms and Termination.

The Agreement and your right to use the Service will automatically terminate if you fail to comply with any material provision of this agreement. Data Genesis, Inc. may terminate the Agreement at any time by delivering notice to the Licensee and the Licensee may terminate the Agreement at any time by contacting Data Genesis, Inc. in writing.

a. Terms of Annual Subscriptions.

The term of an annual license is one year from the purchase date. An annual license is billed at the time of purchase and is automatically renewed at the end of the license term. You may terminate or cancel your Subscription for a full refund within 30 days of the purchase date. You understand and agree that cancellation of your Subscription and the refund as described above, are your sole rights and remedies with respect to any dispute with Data Genesis, Inc. Data Genesis, Inc. reserves the right to discontinue providing the Service at any time.

b. Terms of Report Purchases.

Due to the nature of the information being sold, we unfortunately cannot accept returns of lists or reports once they have been delivered. We cannot and do not warrant the accuracy, completeness or currentness of the information available through this service, which is provided to the user 'as is'.

4. Payments.

You must give us accurate billing and payment information and keep this information up-to-date. Every time you use our Service, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on usretailcenters.com. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

5. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH HEREIN, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

DATA GENESIS, INC. RESERVES THE RIGHT TO INTERRUPT ACCESS TO THE SERVICE AT ANY TIME TO CONDUCT ROUTINE AND EMERGENCY MAINTENANCE AS NEEDED AND THEREFORE DATA GENESIS, INC. DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES. DUE TO THE INHERENT NATURE OF THE INTERNET, DATA GENESIS, INC. DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE AND DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIME OR LOCATION OF THEIR CHOOSING OR THAT DATA GENESIS, INC. WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN A SPECIFIC GEOGRAPHIC AREA. ACCESS MAY BE LIMITED, ESPECIALLY DURING PEAK TIMES. Finally, it is agreed that DATA GENESIS, INC. cannot be held responsible for unauthorized entry by third parties to its website or the misappropriation and dissemination of client information resident on usretailcenters.com system by such "hackers". DATA GENESIS, INC. will continue to take commercially reasonable and appropriate steps to maintain the integrity and confidentiality of client data.

6. Limitation of Liability.

IN NO EVENT SHALL DATA GENESIS, INC. NOR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR THE EFFECTIVENESS OR ACCURACY OF THE SERVICE OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DATA GENESIS, INC. IS THE CANCELLATION OF YOUR SUBSCRIPTION AS DETAILED ABOVE IN SECTION 2. IN THE EVENT THE FOREGOING IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INEFFECTIVE, YOU HEREBY AGREE THAT DATA GENESIS, INC. AND OR ITS THIRD PARTY LICENSORS' MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING PROVISION WITH RESPECT TO EXCLUDING OR LIMITING SUCH DAMAGES MAY NOT APPLY TO YOU.

7. Acknowledgement.

ACKNOWLEDGMENT: You acknowledge that you have read this agreement in full including the LIMITED WARRANTY and limitation of liability and that you understand it and agree to be bound by its terms and conditions. You also agree that: (1) No oral or written information or advice given by Data Genesis, Inc., its dealers, distributors, resellers, agents or employees shall in any way increase the scope of this agreement or its Limited Warranty, and you may not rely on any such information or advice. (2) Unless a written overriding agreement signed by you and Data Genesis, Inc. exists, this Agreement is the complete and exclusive statement of agreement of Data Genesis, Inc. and you relating to the subject matter, and supersedes all proposals, oral or written, and any other communications you may have had prior to purchasing this license.

8. Indemnification.

You agree to indemnify, defend and hold Data Genesis, Inc. and our parent company, partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

9. Applicable law.

This Agreement shall be governed by the laws of the State of Texas in the United States and the state or national law of the Third Party Licensors in respect of Data, excluding its conflicts of law principles. You agree to the exclusive jurisdiction the State of Texas, for resolution of any dispute related to this Agreement. This License Agreement may not be modified except in writing duly signed by an authorized representative of Data Genesis, Inc. and the Licensee.

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