WEBSITE TERMS OF USE Website Terms of use INsider Terms of use WIFI Terms of use PLEASE READ THE FOLLOWING TERMS SET FORTH IN THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"). BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE. QIC US Management, Inc. and its affiliates (collectively, "we", "our", "us", and "QIC") owns, operates, and maintains the Site, which may be accessed by you for your personal use. These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor and/or member ("you") and QIC with respect to your use of this Site, and supersedes any and all prior or contemporaneous written or oral agreements between you and QIC. Your access to and use of this Site is subject to the following Terms of Use. QIC reserves the right to update these Terms of Use at any time without notice to you. Any changes or modifications will be effective upon the posting of the revisions on the Site. 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. While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason. 1 USER REPRESENTATIONS AND WARRANTIES By using this Site, you are representing to QIC that you have the power and authority to accept these Terms of Use and to enter into this agreement, that you are capable of assuming, and do assume, any risks related to the use of this Site and its content, and that you understand and accept the terms, conditions and risks relating to your use. You may not use this Site or accept these Terms of Use if you are not of a legal age to form a binding contract. 2 ACCURACY AND COMPLETENESS OF INFORMATION While QIC uses reasonable efforts to ensure that the information contained in this Site is accurate and reliable, QIC 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. 3 MODIFICATION OF SITE QIC may periodically revise the information, services and resources contained in this Site including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available (pursuant to its sole and absolute discretion) and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. QIC encourages you to visit this Site frequently to stay informed. We further reserve the right at any time to change the equipment, hardware or software required to use and access this Site. 4 YOUR USE OF THE SITE QIC may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "QIC Materials") available to you from this Site, from time to time. You may download QIC Materials 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 QIC Materials is transferred to you or to any user 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 prior written permission of QIC. If you download or use QIC Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without QIC's prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. QIC does not transfer either the title or the intellectual property rights to the QIC Materials, and retains full and complete title to the QIC Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the QIC Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled QIC Materials into a human-perceivable form. QIC or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner. All rights not expressly granted herein are reserved by QIC. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 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. 5 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. You will not in connection with your use of this Site: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (b) interfere with or disrupt the computer networks of QIC or attempt to do so; (c) upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of QIC (d) upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law. Any unauthorized use of the Site will terminate the permission or limited, non-exclusive license granted by these terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may not use this Site for other commercial purposes or in any way that harms us or any other person or entity, as determined in our sole discretion. 6 UNSOLICITED SUBMISSIONS QIC does not accept or consider any creative ideas, suggestions or materials from the public ("Submissions"), therefore, you should not make any Submissions to QIC. 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 QIC. QIC shall exclusively now and hereinafter own all rights, title and interest therein. QIC will be free to use any Submissions for any purpose whatsoever. You agree with respect to any submissions provided by you to us, via e-mail or otherwise, that such Submissions are truthful and do not violate the legal rights of others. Privacy Policy QIC's collection, use, and disclosure of any personal data obtained from you via the Site is governed by the Site's Privacy Policy. Please review our Privacy Policy to understand our practices. Your use of the Site signifies your consent to practices. 7 DISCLAIMER THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED AS IS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AVAILABLE THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QIC DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OF QIC WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF THE SITE) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL ELEMENTS CONTAINED WITHIN ANY ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT FROM THE SITE IS DISCLAIMED. ALTHOUGH QIC HAS TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, QIC DOES NOT WARRANT THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. FURTHERMORE, QIC SHALL HAVE NO LIABILITY FOR INTERRUPTIONS OR OMISSIONS IN INTERNET, NETWORK OR HOSTING SERVICES. Without limiting the generality of the foregoing, QIC shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any content from this Site. QIC recommends that you install appropriate anti-virus or other protective software. 8 LIMITATION OF LIABILITY QIC HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OBTAINED FROM THE SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE QIC MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, QIC, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN EVERY EVENT, QIC'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS. QIC SHALL NOT ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY QIC, QIC WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 9 INDEMNIFICATION You agree to defend, indemnify and hold QIC, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns harmless from and against any and all claims, damages, liabilities, costs, and expenses, including attorney's fees, arising from or in any way related to: (1) your use of the Site or any material contained therein; or (2) your breach of these Terms of Use. . QIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of QIC. This indemnification section will survive any termination or expiration of these Terms of Use. If you have a dispute with one or more third parties that provide content via the Site, you release QIC, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 10 OUR MATERIALS Unless otherwise noted, the graphic images, buttons and text contained in this Site, as well as the selection, assembly and arrangement thereof, are the exclusive property of QIC, its vendors or its affiliates. ALL RIGHTS RESERVED. 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 QIC. This Site, (including its organization and presentation and QIC Materials) is the property of QIC and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to QIC and its affiliates. 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 prior written permission of QIC or any such third party that may own a Mark displayed on the Site. If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please sent notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements: A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted; A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The designated agent for notice of copyright infringement claims may be reached as follows: Copyright Agent Name: Address: Email: Phone: 11 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 QIC. QIC has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of QIC. QIC 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. The inclusion of these third party links does not imply that QIC monitors or endorses these websites or their respective practices. QIC does not accept any responsibility for such websites. QIC 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 the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites. 12 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. Such statements are based on assumptions and expectations that may not be realized and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future events and actual results, financial and otherwise, may differ from the results discussed in the forward-looking statements. QIC assumes no liability or responsibility to publicly update or revise any forward-looking statements. 13 JURISDICTION This Site is maintained and operated by Placewise LLC. These Terms of Use are governed and interpreted under the laws of the State of Ohio (without regard to conflict of law principles) and/or the federal laws of the United States of America. By using this site you consent to the jurisdiction of the courts located in Cuyahoga County, Ohio for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of either Placewise LLC or QIC to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit QIC's rights with respect to such breach or any subsequent breaches. This Site can be accessed from countries around the world other than the United States. QIC makes no representation that the content on this Site is appropriate or available for use in other locations, and accessing this Site from areas where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws. If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided. 14 USER ACCOUNTS In order to access and use certain services available on this Site, you may have to open and maintain an account ("Account") with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such services. During the registration process we will collect personal information that may include (but is not limited to) your name, email address, birthdate and password, and zip code. Your information may be used by us: to verify your eligibility to create and to maintain your Account and to use features of the Site limited only to members; to ensure that your Account, including your email, is unique; to enable us to provide certain security and privacy safeguards; to deal with security, debugging and technical support issues; to protect ourselves and others from abuse; and as permitted in our Privacy Policy. All of the information you provide to us or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your Account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Account at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge. 15 CONTACTING QIC If you need to contact us regarding this Site or these Terms of Use, please e-mail us at digital@qic.com. You can also contact us via mail addressed to QIC, attention Digital Marketing, 600 Superior Avenue, 15th Floor, Cleveland Ohio, 44114. INSIDER TERMS OF USE INsider Program Provides services to http://www.southbaygalleria.com/ customers that may include retailer discounts, prize promotions, shopping guides, and event information (collectively the "Services"). These INsider Terms of Use hereby incorporate by reference the website Terms of Use which governs your use of the Site. In order to use and participate in these Services you may be required to register and provide personally identifiable information such as your name, address, birth date, email address and/or cell phone number, and possibly volunteer other information including but not limited to providing valid Government issued identification to verify personal information (collectively "User Information"). Age Limit You must be 13 or older to register for these INsider Programs. QIC encourages parents to be informed about the potential dangers of providing personal information on any digital platform and to take an active role in their children's use of the Internet. Registration / Opting-out / Changing Information During the registration process you may elect to receive email and/or text messages from INsider. Your preferences and User Information can be updated in the profile section when you log in to INsider. To opt-out of receiving email from The INsider, click "unsubscribe" in any email received from INsider and follow instructions if applicable. If you Opt-Out of an INsider Program you may remain an entrant in certain contests or sweepstakes, please refer to the Official Rules of the promotion you entered for complete details. Eligibility for Rewards and Promotions You must present a valid picture ID that verifies your Birthday. Only one reward per person per promotion period may be received no matter how many registered emails are in the system. You must be a registered INsider. In addition, eligibility is contingent on receiving and opening emails from us. FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER South Bay Galleria 1815 Hawthorne Blvd. Redondo Beach, CA 90278 (310) 371-7546 TERMS OF USEPRIVACY POLICYCONTACT USPRESS RELEASESSITE MAPLEASINGACCESSIBILITY