Text Sections Blocks
Data Points
This is the Label
Last Updated: June 18, 2026
Placewise Promenade, on behalf of its subsidiaries and divisions (collectively, “Placewise Promenade”, “us”, “we”, or “our”) has prepared this Privacy Policy (“Policy”) to describe to you, or if you represent an entity or other organization that entity or organization (in either case, “you,” or “your”), our practices regarding the personal information that Placewise Promenade collects, uses, and shares through the website(s) or application(s) that link to this Policy (each a “Service”). Capitalized terms not defined in this Policy shall have the meanings given to them in the Placewise Promenade Terms of Use.
By using this Service you are consenting to the collection, use, and disclosure of your personal information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Service. By using the Service, you further represent and warrant that you (i) are located inside the U.S., or (ii) are located outside the European Union (“EU”) and agree to be bound by U.S. laws, and (iii) are over the age of 16. You may not use the Service from the EU or if you are under the age of 16. Use of and access to the Service is void where prohibited. If you believe we have inadvertently collected the personal information of your child under age 16, please contact us using the information below.
Placewise Promenade reserves the right, at any time, to modify this Policy. If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Policy and change the “Last Updated” date above. Your continued use of the Service following posting of changes constitutes your acceptance of such changes.
1. Collection of Personal Information
A. Personal Information. As used in this Policy, “Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household. The following are categories of personal information we may collect about you:
| Category of Personal Information Collected | Sources of Information | Purposes of Collection | Third Party Disclosure for Business Purpose |
|---|---|---|---|
Category of Personal Information Collected Individual Identifiers and Demographic Information, such as email, password, full name, address, phone number, date of birth, age range, internet protocol address, name and age of child, demographic data (collectively “Registration Information”). | Sources of Information Interaction with the Service or marketplace, such as signing up for an Account, browsing, purchasing goods or services, attending events, sign up for our newsletter, or contact us | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Category of Personal Information Collected Classifications, such as gender or age | Sources of Information When you sign up for an Account | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Category of Personal Information Collected Customer Records Information, such as name, address, payment card information. | Sources of Information When you purchase a good or service on the Service | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Category of Personal Information Collected Commercial Information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, including information about you obtained from third parties. | Sources of Information When you interact with the Service or marketplace or purchase a good or service on the Service | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Category of Personal Information Collected Internet or Network Activity, such as browsing history, IP address, search history, information on an individual’s interaction with a Service or advertisement; network and device related information; social media integration. | Sources of Information Automatically collected when you visit or interact with a Service or advertisement | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Category of Personal Information Collected Sensitive Personal Information: Geolocation Information | Sources of Information When you provide your consent | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Category of Personal Information Collected Inferences Drawn from Personal Information, such as your preferred retailers and interests, or purchasing or consuming characteristics. | Sources of Information Automatically collected when you interact with the Service by purchasing goods or services up for events, open emails, or interact with advertisements | Purposes of Collection
| Third Party Disclosure for Business Purpose
|
Personal information does not include:
- Publicly Available - Publicly available information from federal, state, or local government records.
- Deidentified or Aggregate information - “Deidentified Information” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual, and for which Placewise Promenade has implemented technical safeguards and business processes that prohibit reidentification of the individual. “Aggregate Information” means information that relates to a group or category of individuals which has been de-identified. We may use Deidentified Information and Aggregate Information for any legal purpose, including without limitation for any purpose for which we use personal information.
- Excluded Information - Certain laws require separate privacy notices or are exempt from general personal information privacy policy disclosure requirements. Such laws include the Fair Credit Reporting Act (FCRA) and the Driver’s Privacy Protection Act of 1994. We will notify you separately according to those laws if any of our collection, use, or sharing of personal information falls under any of those laws.
2. Sharing of personal information
In addition to the specific situations discussed elsewhere in this Policy, Placewise Promenade may share your personal information in the following circumstances:
- A. Related Companies and M&A Transactions. We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us). In addition, if we sell all or part of our business or make a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.
- B. Consent. We may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this policy, and we may do so with your consent.
- C. Legal Compliance. We may disclose personal information in response to subpoenas, warrants, or court orders, in connection with any legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights; to defend against a legal claim; to investigate, prevent, or take action regarding possible illegal activities or fraud; to protect the safety and security of other users; or to prevent a violation of our Terms of Use.
- D. Service Providers. As described in the above table, we may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of the Service. Among other things, service providers may help us perform website or application hosting, app design, maintenance services, database management, web analytics, app analytics, SMS notifications, payment processing, delivery, inventory management, fraud protection, marketing, or any other use set out in this Policy. Access to your personal information by these service providers is limited to the information reasonably necessary for the service provider to perform its limited function.
- E. Behavioral-Based and Targeted Advertising. We, and certain third parties operating on or through our Services, engage in online behavioral or targeted advertising. These forms of advertising include various parties and service providers, including third party service providers, engaged in the processing of personal information in connection with advertising. We may collect usage data and social media data from you and provide it directly to a third party for targeting on a third party platform. Sometimes, these third parties may collect this information directly (e.g. a Meta “Like” button). The parties that control the processing of personal information for behavioral advertising purposes may build a profile of you containing this information, and may be able to identify you across sites, devices, and over time. These services may also track whether you view, interact with, or how often you have seen an ad, or whether you complete a purchase for a good or service you were shown in an advertisement. Please see ‘Cookie Policy’ and ‘Opting Out’ below for more information.
- F. Affiliated Offerings. We may jointly offer events, promotions, or any other product or service offerings with our network of affiliated malls or merchants. The personal information that you submit through an event, promotion, or other product or service offering offered by any of our network of affiliated malls may be combined and transmitted with the Registration Information related to your Account. Third party partners or clients may collect information directly from you, which may be combined with personal information disclosed by us. If you decide to request, enter into, or participate in an event, promotion, or other product or service offering that is offered by us and identified as a joint effort with an affiliated mall or merchant, the information that you provide may be shared with us and with that identified affiliated mall or merchant.
- G. Social Networking. The Service may offer you the ability to share your personal information through a social networking website (e.g., Meta, Twitter), using such site’s integrated tools (e.g., Meta “Like” button). The use of such integrated tools enables you to share personal information about yourself with other individuals or the public, depending on the settings that you have established with such social networking sites. For more information about the purpose and scope of data collection and use in connection with such social networking sites or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.
- H. Aggregate Information. We may also share Aggregate Information and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.
- I. List of Third Parties. Where prescribed by applicable law, upon request, we will provide a list of third parties to whom personal information is sold or shared as described in this Policy.
3. Security of Personal Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorized access or acquisition of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
4. Cookie Policy
“Cookies” are small pieces of information that a website stores on your device while you are viewing a Service. We may use both session cookies (which expire once you close your web browser) and persistent cookies (most of which have an expiration date, based on the purpose of the cookie, at which point they self-delete) to provide you with a more personal and interactive experience on our Services. We place three kinds of cookies: essential, advertising, and performance/analytics, as detailed below.
A. Essential Cookies. These cookies are strictly necessary to provide you with the Service and to use some of their features, such as access to secure areas. Because these cookies are strictly necessary to deliver the Service, you cannot refuse them without impacting how our Service functions.
B. Non-Essential Cookies. We use two kinds of non-essential cookies: performance and advertising. You may opt out of non-essential cookies using the cookie banner on the Service.
Non-essential performance cookies help us analyze how the Service is being accessed and used, enable us to track performance, and secure the Service. For example, we use those cookies to get insights regarding users and performance, such as page speed or to help us customize our Services for you.
Non-essential advertising cookies are used to make advertising messages more relevant to you and your interests. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited our Service. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after we receive it. This process helps us manage and track the effectiveness of our marketing efforts.
We use cookies and similar technologies as follows:
- for “essential” or “functional” purposes, such as to enable various features of the Service like remembering passwords or staying logged in during your session;
- for transaction purposes in our marketplace, if any, to secure your session and assist in the transaction;
- for social media integration e.g. via third-party social media cookies, when you share information using a social media sharing button or “like” button, or when you engage with our content on or through a social networking website;
- for analytics purposes, consistent with our legitimate interests in how our Service is used or performs, how users engage with and navigate through the Service, what sites users visit before visiting our Service, how often they visit our Service, whether an email was received or opened, and other similar information;
- subject to any consent required by law, for the purpose of displaying advertisements via retargeting to those users who have visited our Service, or for targeting advertising to visitors to our Service; and
- subject to any consent required by law, for the purpose of analyzing your feedback on our products on other platforms.
5. Opting Out
You can make the following choices to opt out of certain processing of your personal information:
A. Promotional E-mails. You may choose to provide us with your e-mail address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials related to our merchants and featured products, as well as targeted offers from third parties. You can stop receiving promotional e-mails by clicking the “unsubscribe” links in the e-mails or by contacting us as described below. If you decide not to receive promotional e-mails, we may still send you service-related communications, such as those about your Account, to fulfill orders for products and services you have requested, or deliver notifications directly to you through the Service.
B. Behavioral and Targeted Advertising. If you wish to limit third parties’ collection of information about your use of our Service for behavioral or targeted advertising, you can opt-out at the Digital Advertising Alliance or Network Advertising Initiative, or use our cookie banner. PLEASE NOTE THAT OPTING OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING THE SERVICE. IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED ON OUR SERVICE AND PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.
C. Global Privacy Control. You may also opt out of targeted advertising by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
6. Rights and choices for Californian users
The following applies to California consumers:
A. Categories of Personal Information Disclosed for a Business Purpose or Valuable Consideration. In the past twelve months, we have disclosed the following categories of personal information in the manner described; note that while a category below may be marked, that does not necessarily mean that we have personal information in that category about you specifically. Placewise Promenade does not sell and has not in the past 12 months sold personal information of consumers under or over 16 years of age under the control of Placewise Promenade. Placewise Promenade shares (as defined by the California Consumer Privacy Act (“CCPA”)) personal information of consumers as set forth below:
| Category | Information is Disclosed for a Business Purpose | Information Shared for Targeted Advertising |
|---|---|---|
Category A. Individual Identifiers and Demographic Information | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising Yes |
Category B. Classifications | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising No |
Category C. Customer Records | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising No |
Category D. Commercial Information | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising No |
Category E. Internet or Network Activity | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising Yes |
Category F. Geolocation Information | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising No |
Category G. Inferences Drawn from Personal Information | Information is Disclosed for a Business Purpose Yes | Information Shared for Targeted Advertising Yes |
B. Your Rights. If you are a consumer as defined by the CCPA or under other applicable law, you may have certain rights in relation to your personal information which you may exercise using the webform in the footer of our Site (if any), by filling out the form linked here, or by emailing us at privacy-us@placewise.com.
- Access to Your Personal Information and Portability. You may request access to your personal information by contacting us as described below. We will grant you reasonable access to the data that we have about you as required by law. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
- Correcting Your Personal Information. We rely on you to update and correct the personal information contained in your Account or contacting us as described below. Note that we may keep historical information in our backup files as permitted by law. If our Site does not permit you to update or correct the personal information through your Account, please contact us as described below.
- Deletion of Your Personal Information. We retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. You may, however, request that we delete your personal information by contacting us as described below. We will grant a request to delete information as required by law, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes. Except as provided above, we will delete, aggregate, or de-identify your personal information as described in this subsection within the timeframes required by law.
- Right to Opt Out of Disclosure of Personal Information for Valuable Consideration. If we do begin to sell personal information, we will update this Policy and enable you to submit a request through a webform or other method prescribed by applicable law.
- Right to Limit Processing of Sensitive Personal Information. You may ask us to limit the processing of any sensitive personal information to functions you have requested.
- Right to Opt out of Automated Decision-Making. We do not currently use automated decision-making technologies for high risk applications or to make consequential decisions, as defined by applicable law. If we do use automated decision-making technology in the future, you will have the right to appeal or opt out of such processing.
- Notice of Disclosure for Direct Marketing. Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Placewise are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with and will include a list of the third parties with which it is shared, along with their names and addresses. If You are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below.
7. Exercising Your privacy rights
When exercising the rights or options described in this Policy, the following guidelines apply:
A. No Fee Usually Required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.
B. What We May Need from You. When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
C. Time to Respond. We try to confirm receipt of requests within 10 days and to respond to all legitimate requests within 45 days of the request. Occasionally, it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay and may continue to update you regarding the progress of our response.
D. No Discrimination. You will not be subject to discrimination as a result of exercising the rights described herein. In some cases, when you exercise one of your rights, we will be unable to comply with the request due to legal obligations or otherwise, or we will be unable to provide you certain products or services. These responses are not discrimination and our reasons for declining your request or ceasing services will be provided at that time. If you believe we have responded to your request in error, you may request an appeal through the method used for the original request.
E. Authorized Agent. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, or the requester’s and agent’s valid government issued identification.
F. Accessibility. We have worked to develop our Service to conform to the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.1. These guidelines explain how to make web content more accessible for people with disabilities. For more information, please see Accessibility.
8. Contacting Us
If you wish to access, update, or correct your personal information, please contact us using the information provided below. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identify. Finally, if you have any questions or concerns about our Policy or any other privacy or security issue, please contact us at:
Thank you for visiting Placewise.com, which is owned by Placewise, LLC. These Terms of Use govern your use of this Site. If you have any questions about this Site or these Terms of Use, please contact us using the following information:
Placewise
2301 Blake St, Suite 100
Denver, CO 80205
info@placewise.com
EFFECTIVE DATE:
September 25th, 2014
YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
The Site is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Site in accordance with U.S. laws, these Terms of Use and our Privacy Policy. By using the Site, you further represent and warrant that you (i) are located inside the U.S., or (ii) are located outside the European Union (“EU”) and agree to be bound by U,S. laws. You may not use the Site from the EU. Use of and access to the Site is void where prohibited.
YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.
YOUR CONSENT TO OTHER AGREEMENTS
We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Placewise or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS SITE
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content. Unless otherwise specified, you may only post User-Generated Content to the Site if you are a resident of the United States and are eighteen (18) years of age or older.
This means that you, not Placewise, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.
Because we do not control the User-Generated Content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted or otherwise made available on or through this Site. The User-Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Placewise or any person or entity associated with Placewise.
You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it.
We may disclose and/or remove User-Generated Content. Placewise reserves certain rights. We reserve the right (but do not assume the obligation) to monitor all User-Generated Content. We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We reserve the right (but do not assume the obligation) to remove or block any User-Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Placewise or others, or to enforce these Terms of Use. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this Site, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
upload, post, transmit or otherwise make available
any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any User-Generated Content that constitutes or promotes any illegal activity or promotes violence, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
any User-Generated Content that is false, misleading, or fraudulent;
any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Removal of Content
In general. On certain pages of this Site, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided above info@placewise.com. While we do not have any obligation to remove Content from this Site merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other Web sites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from this Site may remain on back-up servers.
Violation of copyrights. Placewise does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
Placewise
1390 Lawrence St #300
Denver, CO 80204
info@placewise.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
TRADEMARKS
The Placewise names and logos, all product and service names, all custom graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Placewise (the “Placewise Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Placewise Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Placewise Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, NO LICENSE IS GRANTED TO YOU AND NO RIGHTS ARE CONVEYED BY VIRTUE OF ACCESSING OR USING THE SITE. ALL RIGHTS NOT GRANTED UNDER THESE TERMS AND CONDITIONS ARE RESERVED BY COMPANY.
YOUR OBLIGATIONS
In consideration of your use of this Site, you agree that to the extent you provide Personal Information to Placewise it will be true, accurate, current, and complete and that you will update all Personal Information as necessary. You may not use any aliases or other means to mask your true identity.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Placewise Until we are so notified you will remain liable for any unauthorized use of your account. We may suspend or terminate your access at any time with or without notice.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not resell use of, or access to, the Site to any third party without our prior written consent. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PLACEWISE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLACEWISE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
PLACEWISE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED PLACEWISE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF PLACEWISE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
LINKS TO THIRD-PARTY WEB SITES
This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. Placewise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. These Terms of Use do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
DEFINITIONS
The term “Site” refers to the Web site located at placewise.com and owned by Placewise.
The terms “Placewise,” “we,” “us,” and “our” refer to Mallfinder Network, LLC[.
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content.
The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “including” means “including, but not limited to.”
The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through this Site using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards or beneath stories available on this Site.
WAIVER
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Placewise of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use will be governed under the laws of the State of Colorado without regard to its conflicts of law provisions.
YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SITE OR THESE TERMS OF USE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN COLORADO.
FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DENVER, COLORADO.
ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SITE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
INDEMNITY
You agree to indemnify and hold Placewise, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above or applicable laws and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
THESE TERMS OF USE MAY CHANGE
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.
For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days go by between your visits to this Site, be sure you check the effective date to see if these Terms of Use have been revised since your last visit.
You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Site.
ENTIRE AGREEMENT
These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Placewise with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Placewise with respect to this Site and your use of this Site.