Terms of Use

Website

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

Somerset Square LLC (“The Shops at Somerset Square”) and its affiliates maintains this Website (the “Site”) for your personal use. Your access to and use of this Site is subject to the following Terms of Use. The Shops at Somerset Square reserves the right to update these Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

Accuracy and Completeness of Information

While The Shops at Somerset Square strives to ensure that the information contained in this Site is accurate and reliable, The Shops at Somerset Square makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

Modification of Site

The Shops at Somerset Square will periodically revise the information, services and resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

Your Use of the Site

You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the written permission of The Shops at Somerset Square.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Unsolicited Submissions

The Shops at Somerset Square does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”), therefore, you should not make any Submissions to The Shops at Somerset Square. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of The Shops at Somerset Square. The Shops at Somerset Square shall exclusively now and hereinafter own all rights, title and interest therein. The Shops at Somerset Square will be free to use any Submissions for any purpose whatsoever.

Privacy Policy

The Shops at Somerset Square’s use of any personal data you submit to the Site is governed by the Site’s Privacy Statement. Please review our Privacy Statement to understand our practices.

Disclaimers

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. The Shops at Somerset Square EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Shops at Somerset Square DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.

Limitation of Liability

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall The Shops at Somerset Square be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

Indemnification

You agree to defend, indemnify and hold The Shops at Somerset Square and its agents harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of The Shops at Somerset Square, it’s vendors or its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of The Shops at Somerset Square.

Trademarks

This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to The Shops at Somerset Square and its subsidiaries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of The Shops at Somerset Square or any such third party that may own a Mark displayed on the Site.

Links to Third Party Sites

As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by The Shops at Somerset Square. However, even if such third parties are affiliated with The Shops at Somerset Square, The Shops at Somerset Square has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of The Shops at Somerset Square. The Shops at Somerset Square is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from The Shops at Somerset Square ‘s historical experience and our present expectations or projections. The Shops at Somerset Square undertakes no obligation to publicly update or revise any forward-looking statements.

Jurisdiction

This Site is maintained and operated by Imaginuity Interactive, Inc. (“Imaginuity” or “We”), whose offices are in Dallas, Texas, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Additionally, any claims brought against Imaginuity shall be governed by and construed in accordance with the laws of the State of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or use of the Site shall be in the state and federal courts located in the Northern District of Texas and Dallas County.

Indemnification

You agree to defend, indemnify, and hold harmless Imaginuity, its service providers and contractors, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of or relating to Your breach of these Terms or Your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site.

Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by Imaginuity of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Imaginuity shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORS  HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER. COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORSSPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORS MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET RECIPIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ANY OF ITS AFFILIATES, OFFICERS, SHAREHOLDERS, AGENTS,REPRESENTATIVES, EMPLOYEES, CONTRACTORS, CONSULTANTS, VENDORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, AND THE SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “COMPANY- RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH COMPANY, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM.  IN NO EVENT WILL COMPANY-RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.

Jurisdiction and Venue

The Service and Company’s relationship with you are governed by the laws of the state of North Carolina without regard to its conflicts of law principles and venue for any suit or dispute regarding the Service shall be brought in the State and Federal courts in the District Courts in Catawba County in North Carolina.

Miscellaneous

You understand, acknowledge and agree that this Agreement, along with any Company  policies that apply to the Service, including but not limited to Company’s Privacy Policy, constitute the entire agreement between you and Company regarding mobile texting and supersede any prior agreement, discussions, proposals or written statements.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.