Terms & Privacy Policy

Estrella Privacy Policy

This website, https://themarketatestrellafalls.com/, is owned and/or operated by  Robert L. Stark Enterprises, Inc. (“Stark Enterprises”) and/or its affiliates and/or  subsidiaries, including the entities that own The Market at Estrella Falls.

We know that your privacy is important to you, and we work hard to earn and keep  your trust. We have created this Policy to let you know what information, including  Personal Information, we collect when you use this Site, how we use and share the  information we collect, and how we protect your privacy.

If you have any questions about this Policy or our privacy practices, please contact  us using the following information:

THE MARKET AT ESTRELLA FALLS

1600 N PebbleCreek Pkwy

Goodyear, AZ 85395

(216) 464-2860

hello@starkenterprises.com 

Table of Contents

  • Effective Date
  • Your Consent
  • This Policy is Part of Our Terms of Use
  • Privacy Notices
  • Types of Information We Collect
  • Third-Party Cookies
  • How We Use Personal Information Collected Through This Site • Your Choices
  • How to Access, Update or Correct Your Personal Information
  • Steps We Take to Safeguard your Personal Information
  • How We Share Your Personal Information With Others
  • Children Under the Age of Thirteen
  • Links to Other Sites
  • This Policy May Change
  • Definitions

Effective Date

June 07, 2021

Your Consent

Please take a few minutes to review this Policy before using 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, our Terms of Use and this 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. By using this Site 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 Site.

This Policy is Part of Our Terms of Use

This Policy is part of the Terms of Use that govern your use of this Site. A link to  our Terms of Use is provided at the bottom of each page of this Site.

Privacy Notices

This Policy may be supplemented or amended from time to time by “privacy notices”  posted on this Site. These Privacy Notices provide a level of detail that we cannot  provide in this more general description of our privacy practices. For example, certain  pages of this Site may contain Privacy Notices providing details about the information  we collect on those pages, why we need that information, and choices you may have  about the ways we use that information.

Types of Information We Collect

Information You Manually Provide. The Market at Estrella Falls collects the information  you manually provide (using your keyboard, mouse, or touchpad) when you use this  Site. For example, we collect the information you submit when you register with this  Site, participate in a contest, sign up for our newsletters, comment on a news item,  or contact us with questions. Some of the information you manually provide may be  Personal Information, such as your name and contact information.

Information From Third-Party Social Media Platforms. You may be able to register with,  log on to, or enhance your profile on this Site by choosing to automatically populate  the requested data fields with information you previously provided to a third-party  social media platform (such as Facebook or Twitter). By doing this, you are asking the  third-party platform to send us information, including personal information, from  your profile on that platform. We treat that information as we do any other  information you give to us when you register, log on, or enhance your profile.

Information Sent to Us by Your Web Browser. We collect information that is sent to us  automatically by your web browser or mobile device. This information typically  includes your IP address, the identity of your Internet service provider, the name and  version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings.

The information we receive from your web browser and/or device is not, in and of  itself, personally identifiable. Generally, we use this information in the aggregate to  help us improve this Site and make it more compatible with the technology used by  our visitors. However, we may combine it with other information in an attempt to  identify you or we may combine it with information that does identify you. We may  also review our server logs for security purposes-for example, to detect intrusions  into our network-and we might share our server logs, which contain visitors’ IP  addresses, with the appropriate investigative authorities who could use that  information to trace and identify you.

Information Collected by Cookies and Other Technologies.

We use “cookies” and  other technologies to collect information and support certain features of this Site.  For example, we may use these technologies to:

  • collect information about the ways visitors use this Site-which pages they visit, which links they use, and how long they stay on each page;
  • support the features and functionality of this Site-for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits; and
  • personalize your experience when you use this Site.; and
  • improve our marketing efforts, including through use of targeted advertising.

The information we collect using cookies and similar technologies is not, in and of  itself, personally identifiable, but we may link it to personal information that you  provide. If you do not wish to receive cookies, you may set your browser to reject  cookies or to alert you when a cookie is placed on your computer. Although you are  not required to accept cookies when you visit this Site, you may be unable to use all  of the functionality of this Site if your browser rejects our cookies.

Consent to the use of cookies.

For our website to function properly we use cookies. To obtain your valid consent for the use and storage of cookies in the browser you use to access our website and to properly document this we use a consent management platform: CookieFirst. This technology is provided by Digital Data Solutions BV, Plantage Middenlaan 42a, 1018 DH, Amsterdam, The Netherlands. Website: https://cookiefirst.com referred to as CookieFirst.
When you access our website, a connection is established with CookieFirst’s server to give us the possibility to obtain valid consent from you to the use of certain cookies. CookieFirst then stores a cookie in your browser in order to be able to activate only those cookies to which you have consented and to properly document this. The data processed is stored until the predefined storage period expires or you request to delete the data. Certain mandatory legal storage periods may apply notwithstanding the aforementioned.
CookieFirst is used to obtain the legally required consent for the use of cookies. The legal basis for this is article 6(1)(c) of the General Data Protection Regulation (GDPR).

Data processing agreement

We have concluded a data processing agreement with CookieFirst. This is a contract required by data protection law, which ensures that data of our website visitors is only processed in accordance with our instructions and in compliance with the GDPR.

Server log files

Our website and CookieFirst automatically collect and store information in so-called server log files, which your browser automatically transmits to us. The following data is collected:

  • Your consent status or the withdrawal of consent
  • Your anonymised IP address
  • Information about your Browser
  • Information about your Device
  • The date and time you have visited our website
  • The webpage url where you saved or updated your consent preferences
  • The approximate location of the user that saved their consent preference
  • A universally unique identifier (UUID) of the website visitor that clicked the cookie banner

Your Location. Using GPS technology, and with your opt-in consent, we may also  collect precise, real-time location information from your mobile device and use that  information to deliver tailored content through this Site. For example, if we recognize  that you are near a particular shopping center, we may send a message to your  mobile device letting you know about a sale taking place at that shopping center. We  may also share information about your location with your friends and other contacts,  to the extent you interact with them using the social networking tools available on  this Site. Assuming you have consented to our collection of location information from

your mobile device, our mobile website may collect such information even if you are  not logged into it.

Your mobile device may allow you to adjust your settings so that location information  is not available to any mobile website or application. If you have questions about the  security and privacy settings of your mobile or tablet device, please refer to  instructions from your mobile service provider or the manufacturer of your device.

The information we receive from your mobile device is not personally identifiable,  but we may link it to information that identifies you.

Third-Party Cookies

In addition to the cookies The Market at Estrella Falls delivers to your computer  through this Site, certain third parties may deliver cookies to your computer for a  variety of reasons. For example, we use Google Analytics, a web analytics tool that  helps us understand how visitors engage with this Site. To learn more about Google  Analytics, click here.

Other third parties may deliver cookies to your computer for the purpose of tracking  your online behaviors across nonaffiliated Web sites and delivering targeted  advertisements either on this Site or on other Web sites.

You have choices about the collection of information by third parties on this Site. For  example, if you don’t want information about your visit to this Site sent to Google  Analytics, you may download an Opt-out Browser Add-on by clicking here. Please  note that the Add-on does not prevent information from being sent to The Market at  Estrella Falls. In addition, if you would like to opt-out of having interest-based  information collected during your visits to this or other sites, please click here. You  will be directed to an industry-developed Web site that contains mechanisms for  choosing whether each participating entity may collect and use data for online  behavioral advertising purposes. It may be that some of the third parties that collect  interest-based information on this Site do not participate in the industry-developed  opt-out website, in which case the best way to avoid third-party tracking of your  online behaviors may be through your browser settings and deletion of cookies.

How We Use Personal Information Collected Through This Site

Generally, we use the Personal Information we collect through this Site

  • to provide the information, products and services you request; • to better understand your needs and interests;
  • to provide you with a personalized experience when you use this Site; • to provide you with effective customer service;
  • to improve the content, functionality and usability of this Site; • to contact you with information and notices related to your use of this Site; • to contact you with special offers and other information we believe will be of

interest to you (in accordance with any preferences you have expressed to us); • to invite you to participate in surveys and provide feedback to us (in accordance  with any preferences you have expressed to us);

  • to improve our products and services;
  • to improve our marketing and promotional efforts;
  • for security, credit or fraud prevention purposes; and
  • for any other purpose identified in any other agreement between you and us. Please see below for information about the choices you have about the ways we use your Personal Information.

Your Choices

In General. We respect your right to make choices about the ways we collect, use, and  disclose your information. Discussed above are choices you have about delivery of  cookies to your computer through this Site. In addition, we may ask you to indicate  your choices at the time and on the page where you provide your information. For  example, we may give you choice about the types of email communications you  receive from us and/or our business partners. Likewise, before we collect location  information from your mobile device, we will ask for your affirmative consent to do  so.

Email preferences. You cannot opt out of transactional emails related to your  membership/registration with this Site. However, you can opt out of promotional  emails we send you. If you wish to stop receiving promotional emails, simply select  “unsubscribe” located at the bottom of each communication.

Do Not Track Mechanisms. California law requires this Policy to address how we  respond to any “Do-Not-Track (‘DNT’) signal” delivered by your browser. Because of  the changing state of technology and indecision within the industry regarding the  meaning of DNT signals, we currently do not make any guarantee that we will honor  DNT signals.

Previously Expressed Preferences. You may change previously expressed preferences  regarding how we use your information. If you have registered with this Site or  downloaded our mobile app, you may be able to change certain privacy preferences  through your account settings. Otherwise, if at any time you wish to be taken off our  mailing lists, please contact us using the information provided above. Please provide  your full name, postal address, and e-mail address so that we can find you on our  mailing lists. Once we have the information we need, we will remove you from our

mailing lists as you have requested. Please give us a reasonable amount of time to  honor your request.

How to Access, Update or Correct Your Personal Information If you have registered with this Site or downloaded our mobile app, if applicable, you  may be able to access, update, or correct your information through your account  settings. Otherwise, you may need our help. If you wish to access, update, or correct  your information, please contact us using the information provided above. 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.

Steps We Take to Safeguard your Personal Information

We maintain reasonable administrative, physical, and technological measures to  protect the confidentiality and security of Personal Information you submit on or  through this Site. Unfortunately, no website, server or database is completely secure  or “hacker proof.” We therefore cannot guarantee that your Personal Information  will not be disclosed, misused or lost by accident or by the unauthorized acts of  others.

How We Share Your Personal Information With Others

Stark Enterprises powers this Site and manages the information we collect through  this Site. As such, Stark Enterprises helps us with our promotional efforts and  conducts surveys related both to this Site and your shopping experiences at The  Market at Estrella Falls, among other activities. In addition, we allow Stark Enterprises to use your information for its own marketing purposes. Please note that by  registering on this Site, you are also registering with Stark Enterprises. Other Third-Party Vendors. We may share information collected through this Site with  other third-party vendors who act for or on behalf of The Market at Estrella Falls.  These third-party vendors may need information about you to perform their  functions. However, they are bound by law or contract to protect your Personal  Information and, unlike Stark Enterprises, are only allowed to use the Personal  Information to perform services on our behalf.

Other Users of this Site. You may be able to submit User-Generated Content (“UGC”)  on or through this Site. Any Personal Information contained in UGC can be read,  collected, or used by others. In addition, we may use UGC you submit for advertising  campaigns and other promotions. We may or may not use your name in connection

with such use, and we may or may not seek your consent before using the content  for such purposes. Therefore, you should have no expectation of privacy with respect  to UGC you submit on or through this Site.

Third-Party Social Media Platforms. We may provide functionality on this Site that  allows you to automatically post information about the actions you take on this Site  to a third-party social media platform (such as Facebook or Twitter). If you choose to  take advantage of this functionality, people with access to your profile on the third

party platform may be able to see the actions you have taken-for example, the items  you have purchased. Thus, you should have no expectation of privacy in those  actions. Further, if you choose to link your profile on this Site with an account on a  third-party social media platform, we may share the information in your profile with  that third-party platform.

Other, Carefully Selected Business Partners. From time to time, we may share your  information with selected third parties for their own marketing purposes. For  example, we may partner with third parties to sponsor contests or other promotions,  and we may share with these third parties the information you submit to us to  participate in the contest or take advantage of the promotion. Before doing so,  however, we may offer you the opportunity to “opt out” or “opt in,” as required by  applicable law.

Business Transactions. We may decide, for strategic or other reasons, to sell, buy,  merge or otherwise reorganize one or more of our businesses. A transaction of this  type may involve the disclosure of Personal Information to prospective purchasers.  In such cases, we will take reasonable measures to protect the Personal Information  we disclose, for example, by requiring the prospective purchaser to sign a non

disclosure agreement limiting the use and protecting the confidentiality of the  Personal Information.

Business Transfers. Your Personal Information may be transferred to successor  organization if, for example, we transfer the ownership or operation of this Site to  another organization or if we merge with another organization. If such a transfer  occurs, the successor organization’s use of your Personal Information will still be  subject to this Policy and the privacy preferences you have expressed to us.

Compliance with Laws and Protection of Our Rights and the Rights of Others. We may  disclose your Personal Information when we, in good faith, believe disclosure is  appropriate to comply with the law, a court order, or a subpoena. We may also  disclose your Personal Information to prevent or investigate a possible crime, such  as fraud or identity theft; to protect the security of this Site; to enforce or apply our  online Terms of Use or other agreements; or to protect our own rights or property  or the rights, property or safety of our users or others.

As Described in a Privacy Notice. We reserve the right to disclose your Personal  Information as described in any Privacy Notice posted on the Web page where you  provide that information. By providing your personal information on that Web page  you will be consenting to the disclosure of your personal information as described in  that Privacy Notice.

Authorized Users

We are proud of this Site and we strive to ensure that it does not offend people of  any age. However, this Site is intended for those persons over eighteen (18) not  intended for children or minors under the age of thirteen (13) years without the  permission of a parent or guardian. If you believe that a child has submitted Personal  Information on or through this Site without the consent and supervision of a parent  or guardian, please contact us using the information provided above.

Links to Other Sites

This Site contains links to websites operated by other organizations, including  websites operated by our third-party service providers and other third parties. This  Policy does not apply to Personal Information collected on any of these third-party  websites. When you access third-party websites through a link on this Site, please  take a few minutes to review the privacy policy posted on that site.

This Policy May Change

This Policy describes The Market at Estrella Falls’s current policies and practices with  regard to the information we collect through this Site.

We are continually improving and adding to the features and functionality of this Site  and the services we offer through this Site. As a result of these changes (or changes  in the law), we may need to update or revise this Policy. Accordingly, we reserve the  right to update or modify this Policy at any time, without prior notice, by posting the  revised version of this Policy behind the link marked “Privacy Policy” at the bottom  of each page of this Site. Your continued use of this Site after we have posted the  revised Policy constitutes your agreement to be bound by the revised Policy.  However, we will honor the terms that were in effect when we gathered data from  you.

For your convenience, whenever this Policy is 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 goes by between your visits to this Site,  be sure you check the effective date to see if this Policy has been revised since your  last visit.

You may access the current version of this Policy at any time by clicking the link  marked “Privacy Policy” at the bottom of each page of this Site.

Definitions

The terms “The Market at Estrella Falls,” “we,” “us,” and “our” refer to Stark Enterprises. 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 “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 “Policy” refers to this online privacy policy.

References to this “Site” refer to the Web site owned by The Market at Estrella Falls and  located at https://www.themarketatestrellafalls.com/.

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.  Examples of User-Generated Content include comments posted to discussion boards  or beneath stories available on this Site.

Estrella Terms of Use

Thank you for visiting https://themarketatestrellafalls.com/, which is owned and/or  operated by Robert L. Stark Enterprises, Inc. (“Stark Enterprises”) and/or its affiliates  and/or subsidiaries, including entities that own The Market at Estrella Falls. 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:

THE MARKET AT ESTRELLA FALLS

1600 N PebbleCreek Pkwy

Goodyear, AZ 85395

(216) 464-2860

hello@starkenterprises.com 

Table of Contents

  • Effective Date
  • Your Acceptance of These Terms of Use
  • Your Acceptance of Our Privacy Policy
  • Your Consent to Other Agreements
  • Ownership of this Site and its Content
  • Responsibility for User-Generated Content Posted on or Through this Site • Your Feedback
  • Removal of Content
  • Trademarks
  • Your Obligations
  • DISCLAIMERS
  • LIMITATION OF LIABILITY
  • Links to Third-Party Web Sites
  • Modification and Discontinuation
  • Definitions
  • Waiver
  • Severability
  • Governing Law, Jurisdiction and Venue
  • Indemnity
  • Code Of Conduct
  • These Terms of Use May Change
  • Entire Agreement

Effective Date

June 07, 2021

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 The  Market at Estrella Falls 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.

This means that you, not The Market at Estrella Falls, 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 The Market at Estrella Falls or any person or entity  associated with The Market at Estrella Falls.

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.

We may disclose and/or remove User-Generated Content. The Market at Estrella Falls 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 The Market at Estrella Falls 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

o 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;

o any User-Generated Content that constitutes or promotes any illegal  activity, 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;

o any User-Generated Content that is false, misleading, or fraudulent; o 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);

o 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;

o 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;

o any request for or solicitation of any personal or private information from  any individual;

o any request for or solicitation of money, goods, or services for private gain; o 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

o 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. 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. The Market at Estrella Falls 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.

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 The Market at Estrella Falls 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 The Market at Estrella Falls (the “The Market at Estrella Falls 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 The Market at Estrella Falls 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 The Market at Estrella Falls 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.

Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide  Personal Information to The Market at Estrella Falls it will be true, accurate, current,  and complete and that you will update all Personal Information as necessary.

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. Until we are so notified you will remain liable for any unauthorized  use of your account.

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. 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, THE MARKET AT ESTRELLA FALLS, 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, THE MARKET AT ESTRELLA FALLS, 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).

THE MARKET AT ESTRELLA FALLS DOES NOT ENDORSE AND IS NOT RESPONSIBLE  FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN  AUTHORIZED THE MARKET AT ESTRELLA FALLS 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 THE MARKET AT ESTRELLA FALLS. 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 TEN DOLLARS ($10.00).

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. The Market at Estrella Falls 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 https://themarketatestrellafalls.com/ and owned by The Market at Estrella Falls.

The terms “Stark Enterprises,” “The Market at Estrella Falls,” “we,” “us,” and “our” refer to  Stark Enterprises.

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 The Market at Estrella  Falls 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 Ohio without  regard to its conflicts of law provisions. All actions or proceedings arising out of or  relating to these Terms of Use will be venued exclusively in state or federal court in  Cuyahoga County, Ohio. You hereby irrevocably consent and submit to the personal  jurisdiction of said courts for all such purposes. However, we retain the right to bring

legal proceedings in any jurisdiction where we believe that infringement of these  Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold The Market at Estrella Falls, 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 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.

Code of Conduct

All of our buildings, parking facilities, pedestrian walkways and other common  areas are privately owned. We reserve the right to define the rules of conduct  acceptable to us in order to determine admission to the property. Failure to abide  by these rules may result in expulsion, banning, arrest and/or prosecution for  criminal trespass. Please enjoy your visit with us and if you have any questions,  please do not hesitate to contact us at 216.464.2860.

This property provides a venue for shopping and entertainment purposes of our  guests. Discourteous behavior, standing, walking, or sitting in areas that may cause  any inconvenience to others, is not permitted.

Respect others. Loud, disorderly, or disruptive conduct is prohibited, including the  use of obscene or insulting language/gestures, running, yelling, fighting, boisterous  behavior, throwing objects, littering, playing radios, unauthorized singing or  dancing, skating, skateboarding, or rollerblading are not permitted. Minors must  not continually congregate in groups larger than four. To enforce the rules  applicable to minors, we require all patrons on our property to carry appropriate  identification with proof of age.

Solicitation, picketing or rallying, conducting of surveys, distributing literature,  offering any items for sale, soliciting signatures or personal information of any kind  (including names, phone numbers, etc.), videotaping or photographing is prohibited  without the express written permission of the owner.

Appropriate attire, including shirts and shoes, must be worn when visiting this  property. Items of clothing with obscene, suggestive, or offensive messages are not  permitted.

Excessive loitering is not permitted on property.

Park at your own risk. We are not responsible for theft or damage to your vehicle.

Parking is permitted in designated parking spaces only. No overnight parking. We  reserve the right to ticket or remove any vehicles at the owner’s expense for failure  to comply with this code of conduct.

Extended sitting in vehicles on property is not allowed. No drag racing or opening  hoods on vehicles for show.

All persons under the age of 18 are expected to be in school during school hours  and may be asked to leave the property.

Pets are welcome on leashes. Owners must clean up after them.

Anyone creating a panic situation or vandalizing the property will be arrested and  prosecuted to the fullest extent allowable by law.

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 The Market at Estrella Falls with respect to this Site and supersede  all previous communications, negotiations, and agreements, whether oral, written,  or electronic, between you and The Market at Estrella Falls with respect to this Site  and your use of this Site.