Thank you for downloading the Outlets at Tejon mobile app and/or creating a VIP Member Account with the Outlets at Tejon (the “App”). The App is operated by TRCC/ROCK Outlet Center, LLC, a California limited liability company with a mailing address at 5701 Outlets at Tejon Parkway, Suite 170, Tejon Ranch, CA 93203. Use of the App, its content and services, including, but not limited to, the provision of information, documents, commentary, photographs, maps, pamphlets, user account registration, rewards points, any user requested e-mail notifications or newsletters, and links to third party websites and/or retail portals (collectively, the “Services”) is governed by the Terms and Conditions of Use stated herein (the “Terms”), and is based on Your adherence to and acceptance of such Terms. Any user of the App and/or Services, including any and all VIP Account Members (collectively, “You”/”Your”), agree to be bound by these Terms by Your use of the App and/or Services. Please read these Terms carefully before using the App or the Services. You expressly acknowledge that You have been advised of these Terms upon downloading the App and/or creating a VIP Member Account and have had access to the same.
The Outlets at Tejon has created the App to provide You with information about Our outlets, the services We offer, Our third party vendors, and third party promotions, sales and events, to allow You to interact with Us, Our third party vendors and other users of the Services and to provide you with the option of creating a VIP Member Account. To receive the benefit of these Services, You agree to strictly adhere to and be bound by these Terms.
The rights granted to You under these Terms are limited to downloading, accessing, displaying, viewing and interacting with the App, its content and the Services. The App, its content and the Services are available as a resource for Your personal, non-commercial use, and may not be used by You as a part of any advertisement, promotion or other commercial endeavor. You shall not change, tamper with, dismantle, augment, misrepresent, modify, reproduce, disseminate, or frame any of the content contained on the App, or received via the use of the Services, without the express, advance written consent of the Outlets at Tejon. You shall not use the App and/or Services in any way that causes detriment to the Outlets at Tejon, is derogatory or brings the Outlets at Tejon into disrepute. You agree that access to and use of the App, its content and the Services are subject to these Terms, prohibiting unauthorized redistribution and publication and protection of the Outlets at Tejon’s Intellectual Property rights (as defined below). You acknowledge the Outlets at Tejon as the owner of the App and the provider of the Services. You further acknowledge the Outlets at Tejon as the owner of the content on the App, and in no event shall You claim ownership of the content received via Your use of the App and/or Services. You shall not represent Yourself as the Outlets at Tejon, or an agent or partner of the Outlets at Tejon, or make any representations, warranties or guarantees to third parties with respect to the App, its content or the Services, nor will You transmit content that falsely expresses or implies that it is sponsored or endorsed by Us. You shall not use the service to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, treasonous, excessively violent or that promotes the use of violence. You shall not use the Services to attempt to collect or maintain any information about other Users of the Service or other third parties for unauthorized purposes. You agree to comply with all applicable laws and regulatory requirements in relation to Your receipt and use of the App, its content and the Services. You shall not have any rights to assign, transfer or convey Your rights and obligations under these Terms to any third party. Whenever You make use of a feature that allows You to upload content or comments to the App, You must comply with these Terms. We may delete, remove or refuse to publish any content or comments that have been uploaded in breach of these Terms.
All content accessible through the App and the Services, including all logos, text, images, audio, video, diagrams and maps, as well as the collection, arrangement, assembly and presentation of the App’s appearance and features, with the exception of trademarks or logos of third parties, unless otherwise explicitly noted, is the sole and exclusive property of the Outlets at Tejon and is protected by copyright laws. You may not use the Outlets at Tejon logo or any other content derived from the App or from the Services without express written permission in advance from the Outlets at Tejon. The Outlets at Tejon logo and the designation OUTLETS AT TEJON (collectively, the “Outlets at Tejon Marks”) are trademarks owned by TRCC/ROCK Outlet Center, LLC and may not be used without TRCC/ROCK Outlet Center, LLC’s express written permission. The Outlets at Tejon Marks may not be used in connection with any product or service that is not the Outlets at Tejon’s in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits the Outlets at Tejon. Other products, services or company names used on the App may be trademarks of other owners. You further acknowledge and agree that the Outlets at Tejon, or its or content suppliers, own all right, title and interest in and to all intellectual property contained in and/or used through the App and/or the Services, including without limitation, any and all patents, know-how, trademarks, service marks, copyrights, rights in passing off, database rights, rights in commercial or technical information, or any other rights in any invention, discovery or process, as well as any other intellectual property rights, whether registered or unregistered, and including applications for the grant of any such rights and all rights or forms of protection having equivalent or similar effect in each case in the United States (“Intellectual Property”). You shall not acquire any right, title, or interest in or to the App, the Services or any content contained and/or provided therein.
Further, You acknowledge and agree that any communication or material that You transmit to Us via the App, the Website, the Services, electronic mail or otherwise, excluding personally identifiable data about Yourself, including, but not limited to, any data, questions, answers, comments, suggestions, or the like (“User Content”) will be treated as non-confidential and non-proprietary by Us. By sending User Content to Us, You will grant the Outlets at Tejon a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such User Content alone, or as part of other works in any form, media, or technology, whether now known of or hereafter invented, and to sublicense such rights to anyone else. To the extent permitted by law, You waive your droit “moral” rights (the right to be identified as the author or to object to derogatory treatment) in any User Content transmitted to Us via Your use of the App, the Services, electronic mail or otherwise.
If You are the owner of a U.S. copyright, or a U.S. copyright owner’s agent, You may submit notification, pursuant to the Digital Millennium Copyright Act (“DMCA”), if You believe any content on the App or accessible through the Services infringes upon Your copyrights. To provide adequate notice, You must submit to our Copyright Agent the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Some links within the App and/or accessible through the Services take you to other, non-Outlets at Tejon websites and/or provide access to mobile applications available for download. These other websites and/or applications may not be under the control of the Outlets at Tejon, and We are not responsible for their content, action or re-direction. We are providing these links as a convenience to You, and in doing so do not imply support or endorsement of any kind.
You may sign up to create a VIP member account while accessing and using the App or the Services (“VIP Account”). The VIP Account may allow You to access certain Services, including enrollment in an e-mail subscription list to receive information, promotions, discounts, coupons, upcoming event notifications or newsletters, the ability to interact with Us, Our third party vendors and/or other users of the Services. Your use of the VIP Account is subject to and conditioned upon Your compliance with these Terms.
The Services may offer social sharing features or other integrated tools, which let You share actions You take via the Services with other media, and vice versa. The use of such features enables the sharing of information with Your friends, other users of the Services, or the public, depending on the settings You establish with the third party that provides the social sharing feature. The fact that We link to or provide integrated tools for sharing with social media sites is not an endorsement, authorization or representation of Our affiliation with that social media site.
When You opt-in to the Outlets at Tejon's SMS texting alert, or PUSH notification services, we will send an SMS message or a PUSH notification to Your mobile device to confirm Your enrollment. By doing so, You are authorizing Tejon, its service providers and affiliated companies to deliver or cause to be delivered promotional text messages using an automatic telephone dialing system or PUSH notifications from the downloaded App. You are not required to receive promotional text messages or PUSH notifications (directly or indirectly), or enter into an agreement to receive promotional text messages or PUSH notifications as a condition of downloading and using the App or purchasing any property, goods or services. Message & data rates may apply to the SMS text messages. "You can cancel the SMS service at any time. Just text "STOP" to 99000. After You send the SMS message "STOP" to Us, We will send you an SMS message to confirm that You have been unsubscribed. After this, You will no longer receive SMS messages from Us. If You want to join again, just sign up as You did the first time and We will start sending SMS messages to You again. If at any time You forget what keywords are supported, just text "HELP" to 99000. After You send the SMS message "HELP" to Us, we will respond with instructions on how to use Our Service as well as how to unsubscribe. As always, standard message and data rates may apply for any messages sent to You from Us and to Us from You. You may cancel PUSH notifications at any time within the App or within Your smart device’s Settings preferences. Message frequency depends on the user's interaction. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.
The App provides the ability for VIP Members to receive “Instant-Win” opportunities, through daily promotions or other in-App promotions. No purchase is necessary for such Instant-Win opportunities. Such Instant-Win events are sweepstakes and operate in accordance with the official sweepstakes rules for each Instant-Win promotion. In addition, some promotions will ask for You to enter into a “Drawing” to be eligible to receive promotions or prizes. Such Drawings are also sweepstakes, operating in accordance with Our official sweepstakes rules for each such Drawing promotions. You may review Our Official Sweepstakes Rules for current promotions sponsored by or affiliated with the Outlets at Tejon by clicking the Official Sweepstakes Rules link on our homepage http://www.tejonoutlets.com/sweepstakes-rules/. Such Instant-Win and Drawing sweepstakes promotions may not be permissible in Your jurisdiction if You reside outside of the United States of America. Please be aware that Our sweepstakes promotions are void where prohibited by law.
The App may also provide VIP Members with the ability to receive “Instant-Win” prizes and/or promotions by entering into a specific geographic location (also known as a “geo-fence”). Such geo-fence specific Instant-Win promotions are available to all VIP Members who enter the specific location for the duration of the promotion and/or while supplies last, and have enabled and consented to location-based notification services on their device and within the App. No prizes to be won as part of the 'Instant Win' sweepstakes have been provided or sponsored by Apple.
Although We make every effort to ensure the information presented on the App and through the use of the Services is truthful and accurate, the App and the Services are provided on an “as is” and “with all faults” basis. The Outlets at Tejon makes no representations or warranties of any kind, express or implied, as to the operation, content, accuracy, sufficiency or completeness of the App, its content, the Services, or any other website to which the App provides a link. To the fullest extent permitted by law, the Outlets at Tejon disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, which are hereby expressly waived.
The Outlets at Tejon, Our employees, directors, officers, agents and assigns, will not be liable for any loss or damage of any kind arising from Your use of, or inability to use, the App, its content, the Services or any other website, content or services to which the App provides a link, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special, consequential or exemplary damages, lost profits, lost sales or business, anticipated revenue, interest, expenses, investments or commitments in connection with any business, loss of goodwill, loss of use, or other similar claims arising from any causes whatsoever, irrespective of whether the Outlets at Tejon had been informed of, knew of, or should have known of the likelihood of such damage, claims or loss. This limitation applies to any and all causes of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. You agree to bear the entire risk as to quality, accuracy or performance of the App, its content and the Services.
You further expressly agree to indemnify and hold the Outlets at Tejon, and Our employees, directors, officers, agents, and assigns, harmless from and against any and all liability and expenses, including reasonable defense costs and legal fees, caused by Your use of the App and/or the Services, or the dissemination and possession of any content You received through Your use of the App and/or the Services.
We shall have the right in Our sole discretion to terminate Your use of the App and the Services if You are found to have used the App and/or the Services in a manner inconsistent with these Terms. In addition, We may change, suspend or discontinue all or any aspect of the App or the Services, including their availability, at any time, and may suspend or terminate Your use of the Services at any time and for any reason.
The App and the Services are created, controlled and provided by the Outlets at Tejon in the United States of America. We are based in the State of California. As such, the construction and performance of these Terms will be governed by the internal, substantive laws of the State of California without regard to its choice of law rules. You and We each hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Bakersfield, California in any legal action, equitable suit or other proceeding arising out of or related to these Terms. You and We further consent to personal jurisdiction over each of You and Us, respectively, which may be effected by service of process sent by registered or certified mail addressed to such party at (in the case of the Outlets at Tejon) the address set forth in these Terms, and (in the case of You) at any address you may have provided on the Website. You and We each hereby irrevocably waive any right You or We may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and You and We hereby irrevocably waive and agree not to plead or claim in any such proceeding, that such action or proceeding brought in accordance with this section has been brought in an inconvenient forum.
Failure by the Outlets at Tejon to insist upon strict performance of any part of these Terms, or delay in or failure to exercise any rights or remedies to which We are entitled, shall not constitute a waiver of such right or remedies, nor shall any amendment or the termination of these Terms by Us operate as a waiver of any of its terms. Any express waiver of any breach of these Terms by Us does not constitute a waiver of any subsequent breach of these Terms. Waivers shall only be valid if recorded in writing and signed by the waiving party.
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect as if these Terms had been posted without the invalid, illegal or unenforceable provision.
The provisions of the Warranty and Disclaimer section above, including, without limitation, all provisions pertaining to liability and indemnity, as well as any other paragraphs that are necessary to give effect to that section, shall survive any amendment or the termination of these Terms. We reserve the right to make changes to the Website and/or to the Services, including these Terms, at any time.
TRCC/ROCK Outlet Center, LLC 5701 Outlets at Tejon Parkway Suite 170 Tejon Ranch CA 93203 Customer Service Phone: 661-858-2155 e-mail:email@example.com Organized in Delaware; Entity No. 5289552.