Last Updated: August 25, 2021
Please carefully read this Terms of Use agreement (“Terms,” or “Terms of Use”). The Terms have been prepared as a binding agreement between you (“user,” “you,” or “your”) and NorthPark Center, NorthPark Partners, LP, and each of its affiliates, including its subsidiaries, parent companies, and co-branded partners, together with their respective directors, shareholders, owners, officers, agents and employees (collectively, “NorthPark,” “we,” “our,” or “us”).
The Terms apply to your use of our website: www.NorthParkCenter.com and any other NorthPark-operated website, mobile apps, or web-based platform (collectively the “Site”).
IMPORTANT NOTICE: YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION OUTLINED BELOW, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review the Terms for more information.
1. Acceptance of Terms
By accessing or using this Site in any manner, you agree to be bound by, and accept the Terms of Use. DO NOT ACCESS OR USE THIS SITE IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS. Although you may “bookmark” a specific section of this Site and bypass the Terms, your access or use of this Site binds you to the Terms. The Terms will remain in full force and effect for as long as you are a user of the Site. In the event of any termination of or any service or feature offered through the Site, you agree to continue to be bound by the obligations set forth under the Terms.
2. Changes to Terms
We may revise and update the Terms and will post the updated Terms to the Site. Unless otherwise stated in the amended version of the Terms, any changes to the Terms will apply immediately upon posting. Although we are not obligated to provide you with notice of any changes, any changes to the Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of the Site will constitute your agreement to any new provisions within the revised Terms.
3. Your License to Access the Site
On the condition that you comply with all your obligations under the Terms, NorthPark grants you a limited, revocable, non-sublicensable, non-transferable, non-exclusive license to access the Site and Services. Any use of the Site or Services in excess of this license is strictly prohibited and constitutes a violation of the Terms, which may result in the termination of your right to access and use the Site. NorthPark retains the right to revoke the licenses and permissions to use the Site granted hereunder without liability and to disable and deny access to any user for any reason or for no reason at all.
4. Our Content
All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in this Site (individually and collectively, “NorthPark Content”) are owned, controlled, or licensed by or to NorthPark. NorthPark Content is subject to copyright, patent, trademark laws, and various other intellectual property rights under United States law, foreign laws, and international conventions. You shall not or attempt to, nor will you allow or attempt to allow any third party (whether knowingly, directly or indirectly, whether or not for your benefit) to download, print, view, copy, republish, distribute, prepare derivative works, modify, alter, or otherwise use NorthPark Content other than as expressly permitted.
5. Your Suggestions
If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Site, whether you send such information to us through the Site or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute any such information in any manner.
6. Prohibited Content
You agree that you will not use the Site to send:
A. any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion;
B. any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express, written consent;
C. any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;
D. any information that violates, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
E. any communications intended to impersonate someone else.
7. General Restrictions
In addition to and without limiting any other obligation or restrictions stated herein, you agree that when using the Site or Services, you will not:
A. use any automated means to access this Site or Services or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other similar automatic devices or programs);
B. frame, decrypt, transfer, display, or translate any part of the Site or Services;
C. use the site to commit fraud or conduct other unlawful activities, including using stolen payment information to make a purchase;
D. use any NorthPark Content made available through the Site or Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
E. any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site or Services;
F. connect to or access any NorthPark computer system or network without authorization; or
G. delete, modify, or attempt to change or alter any of the NorthPark Content or notices on the Site or Services.
8. Termination
NorthPark may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms in Sections 6 or 7 of these Terms.
9. Disclaimer of Warranties
THIS SITE AND ALL RELATED WEBSITES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. NORTHPARK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR PROMISES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NORTHPARK AND ITS SUPPLIERS DO NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, BE UNINTERRUPTED, OR WILL BE AVAILABLE CONTINUOUSLY.
NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE OR ACCESS, AS APPLICABLE.
10. Third Party Websites
The availability, appearance, or your use of any URLs or hyperlinks referenced or included anywhere on the Site or any other form of link re-direction of your connection to, with or through the site, to a third party website, does not constitute or imply an endorsement or approval by, nor does it incur any obligation, responsibility or liability onto NorthPark, its affiliates, or its successors and assigns. NorthPark does not verify, endorse or have responsibility for the nature, quality, or accuracy of the content, business practices (including their privacy policies), or any goods or services associated with or obtained in connection with such third party websites regardless if NorthPark’s logo or sponsorship identification is on the third party site. any content downloaded or otherwise obtained through the use of this site is done at your own discretion and risk.
11. Limitation of Liability
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTHPARK AND ITS LICENSORS, SUPPLIERS, PARENT, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES, AND SUCCESSORS-IN-INTEREST (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN ANY AMOUNT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE WILL BE TO STOP USING THE SITE.
12. Indemnity
You agree to hold harmless, indemnify, and defend NorthPark and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners from any and all claims (including any and all damages, expenses, allegations, demands, losses, liabilities, and reasonable attorneys’ fees) arising from or relating to (a) your violation of these Terms, (b) your use of the Site, (c) your access to or use of any third party websites linked to or from the Site, and (e) any dealings between you and any third parties relating to the Site.
You will defend, at your expense, NorthPark from any claim, referenced above; provided, however, you will not have the right to obligate NorthPark in any respect in connection with any settlement without the written consent of the indemnified party. If you fail to assumer your obligation to defend, NorthPark may do so to protect their interests and you will reimburse all costs incurred by NorthPark in connection with such defense.
13. Choice of Law; Agreement to Arbitrate
All matters relating to your access to and use of the Site are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in Dallas, Texas pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part, of these Terms is void or voidable. All dispute resolution proceedings will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party’s rights or property pending the completion of arbitration.
14. Miscellaneous
A. Construction
If any portion of these Terms are deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of the Terms will be given full effect.
B. No Waivers
Our failure to act in a particular circumstance, including any failure by NorthPark to enforce or exercise any provision of the Terms, does not constitute a waiver of that right or provision.
C. No Assignments and Transfers
No rights or obligations under these Terms may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
D. No Third-Party Beneficiaries
Nothing in the Terms will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
E. Entire Agreement
These Terms constitute the entire agreement between you and NorthPark relating to your use of, and access to, this Site and supersedes any prior or contemporaneous agreements or representations. The Terms may not be amended except as set forth in Section 2. NorthPark may your right to use the Site at any time without notice to you, with or without cause.
F. Notices
You can provide any notices to us under these Terms by e-mail or mail using the contact information provided below. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail. You are responsible for providing NorthPark with up-to-date contact information, which you may do by updating your account information by sending a message to us via the contact information provided below. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
G. Contact Us
If you have any questions or need to contact us for any reason relating to these Terms, please contact us at info@northparkcntr.com or:
NorthPark Center
8687 N. Central Expressway
Dallas, Texas 75225
© NorthPark Partners LP - ALL RIGHTS RESERVED