DSW Website Terms and Conditions of Use
This site (the “Website”) is owned and operated by The DSW Commercial Real Estate, Inc. (“DSW”). By using the Website you accept the Terms and Conditions of Use (these “Terms and Conditions”) set forth below, without limitation or qualification. Your submittal of any inquiries, requests, or information to the Website indicates acceptance of these Terms and Conditions. DSW reserves the right to make changes to the Website and these Terms and Conditions at any time and you agree to be bound by such amendments to the Terms and Conditions immediately upon access of the Website after the amended Terms and Conditions have been posted. If you do not agree to these Terms and Conditions, as may be amended from time to time, you cannot use the Website and must exit the Website immediately.
Copyright and Trademark Notices
All editorial content and graphics on the Website are copyrights of DSW and the related trademarks, service marks and logos are trademarks of DSW. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners. As a user of the Website, you warrant that you will not upload on the Website any material that would infringe copyrights, trademarks, and other intellectual property and proprietary rights of any person, including, but not limited to, confidential information, financial information, privileged information, or information that is libelous, defamatory, obscene, pornographic, illegal or otherwise objectionable or would give rise to liability or violate any law. The burden of determining the foregoing rests with you.
In an attempt to provide increased value to our visitors, the Website may contain links to other websites on the Internet that are owned and operated by third-party vendors and other third parties. However, even if the third party would be affiliated with DSW, DSW has no control over these linked websites, all of which have separate privacy and data collection practices independent of DSW. DSW makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Website or websites linking to the Website. The inclusion of any link does not imply affiliation, endorsement, or adoption by DSW of the website or any information contained therein. These linked websites are only for your convenience, and therefore, you access them at your own risk.
Proprietary Rights and Restrictions of Use
The material on the Website is the property of DSW or others. Nothing contained on the Website shall be construed as conferring by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark, or other proprietary right of DSW or any third party. The Website and the content provided on the Website, including, but not limited to, audio, video, html code, buttons, graphic images, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of DSW. All rights not expressly granted herein are reserved. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged over the Website in any electronic network for use by more than one user unless you obtain prior written permission from DSW.
Any submissions of requests, information, reports, or inquiries through the Website are governed by the applicable lease agreement between DSW and its tenant (the “Lease”) as supplemented by these Terms and Conditions. In the event of a conflict between these Terms and Conditions and the Lease, the terms of the Lease will govern. Any submissions are made at your risk. Submissions of tenant information (including sales reports, maintenance requests, and insurance certificates) is for convenience only and such submissions do not comply with the notice provisions required under DSW’s lease.
No Lease Modifications
Neither the Terms and Conditions, nor any statements, representations, warranties or other communications on or through the Website shall modify, amend or alter the Lease in any manner. Except for these Terms and Conditions, any privacy policies, and other legal terms and conditions provided by DSW, no communications, messages, statements or information shall be binding on DSW. DSW will only be contractually bound to the extent DSW executes a written legally effective amendment to the Lease, or other legally enforceable agreement separate from communications, messages, statements or information on the Website. A binding lease is not created by virtue of any use of this website, any inquiry about any of DSW’s properties or services, or any submissions through the Website.
Disclaimer of Warranties
THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DSW IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. DSW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING PROPERTIES OTHER THAN THE SPECIFIC REPRESENTATIONS CONTAINED IN THE LEASES WITH TENANTS. ALL INFORMATION IN THE WEBSITE IS PROVIDED “AS IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, AND TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DSW MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. DSW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
Limits on Liability
In no event will DSW, its affiliates, partners, directors, officers, directors, shareholders, owners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. DSW expressly disclaims all liability for: (i) the contents of any communication, message, or information provided to DSW by you or other third parties; (ii) any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and (iii) any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use the Website, even if DSW has been advised of the possibility of such damages.
You agree to indemnify and hold DSW, its directors, officers, employees and representatives, harmless from and against any and all claims, demands, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of the Website; and (b) any alleged breach of these Terms and Conditions.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website. The Terms and Conditions of Use shall be governed by the laws of the State of Missouri, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and DSW or its affiliates.
The Website is operated by DSW from the State of Missouri, United States of America. DSW makes no representation that materials in the Website are appropriate or available for use in other locations. If you access the Website from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by internal Missouri and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute involving your use of the Website in the state and federal courts located in St. Louis County, Missouri and the Eastern District of Missouri, as applicable. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
Given the nature of these terms, you understand and agree that, in addition to money damages, DSW will be entitled to equitable relief upon a breach of them by you.
No waiver by DSW shall be construed as a waiver of any preceding or succeeding breach of any provision.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired.
Survival of Provisions
Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.
We intend that these Terms and Conditions of Use constitute the entire agreement between DSW and you regarding your use of the Website.
If you have any questions concerning the Website or its policies, please contact us.