4) FORMATION OF CONTRACT. After placing an Order you will receive an email from us acknowledging that we have received your order (“Order Acknowledgement”). This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the Product has been shipped (“Shipping Confirmation”).
Non-acceptance of an Order may be a result of one of the following:
(a) The Product that you ordered being unavailable from stock;
(b) Our inability to obtain authorization for your payment;
(c) The identification of a pricing or Product description error;
(e) Any other reason in our sole discretion.
Without limitation, we reserve the right to reject or otherwise refuse to accept any Order for any reason or no reason at all and no Order shall be deemed accepted unless and until (and only to the extent that) we provide an Order Acknowledgement and Shipping Confirmation regarding the subject matter of the Order.
5) RETURNS POLICY. You can return unused or unsatisfactory Products bought on this Site by mail within 30 days of your Order date. Please send back your Products to us in their original condition, in the original packaging with the appropriate purchasing documentation. Failure to do this may result in delays in processing any exchange or refund. All costs associated with the return of Products are the sole responsibility of you except in the case that we reasonably determine that the returned Products were defective or unsatisfactory at the time the risk of loss passed to you as provided in Section VIII below.
6) REFUND POLICY. If you return a Product to us, we may elect to either reimburse you or exchange the returned Product for replacement Product. Those are your sole remedies for any dispute regarding Product purchased from this Site. We will reimburse to you an amount (the “Refund”) equal to the sum of payments we received from you relating to the Product(s) being returned, including the costs of delivery allocable to such Product(s) (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us—which will not be refunded).We may make a deduction from any Refund in an amount reasonably equivalent to the loss in the value of any Products you returned, if the loss is the result of damage or other loss caused by the way you handled the Products. We are entitled to make any Refund using the same means of payment as you used when you purchased the Products or by any other means to which you otherwise agree. We may withhold any Refund or exchange until we have received the Products back and you are not entitled to any Refund or exchange unless and until you have returned defective Products to us.If you return a Product for any reason other than a material defect in the Product, we are entitled to reject your return and we may notify you of whether your return is being accepted and whether you will receive any Refund or exchange via email within a reasonable period. If your return is rejected we have no obligation to ship (or pay for shipment of) the returned Product to you, even if we are not going to be providing a Refund or exchange. Refunds or exchanges will be processed within 30 days of the day you return the Product to us.
7) AVAILABILITY AND DELIVERY. Although we endeavor to complete delivery within 7 business days, delivery times may vary and we do not guarantee delivery by any particular date. All deliveries can be tracked online and this tracking information will be sent to you in the Shipping Confirmation once your Products have left our warehouse. However, no such tracking information shall be deemed a representation or warranty that delivery will be completed by any particular time. If you order multiple items, these may be dispatched in separate packages and may arrive at different times. If this occurs, please refer to the applicable Shipping Confirmation and tracking information and, in any event, wait at least one extra day for the remaining Products to arrive before contacting us with a delivery inquiry.It is your responsibility to ensure correct delivery details are provided. We are not responsible for reshipping orders that were miss-directed based on incorrect shipping or delivery details that you provided and you will be required to pay any shipping expense arising from incorrect details provided by you. Our responsibility to deliver shall be deemed completed when we tender the Products that are the subject of your Contract to the carrier in accordance with your shipping selection, at our docks. The Products are your responsibility (including the risk of any loss or damage) from and after that time.
8) RISK AND TITLE. The Products purchased from us will be at your risk from the time of delivery. Delivery is deemed to be completed when we tender the Products that are the subject of your Contract to the carrier in accordance with your shipping selection, at our docks. Ownership of the Products passes to you from the time delivery is deemed to be completed as well. Risk in relation to Products being returned to us passes from you to us only after you have tendered the returned Products to the carrier to whom we directed you in our return instructions.
– monitor all User-Generated Content;
– remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
– 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.
– upload, post, transmit or otherwise make available:
• any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
• any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
• any User-Generated Content that is false, misleading, or fraudulent;
• any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
• any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
• any request for or solicitation of any personal or private information from any individual;
• any request for or solicitation of money, goods, or services for private gain;
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any local, state, national or international law, rule or regulation.
– 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, including any copyright registration numbers;
– 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 full name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
– a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
YOUR STATEMENT MUST BE ADDRESSED AS FOLLOWS:
By Mail: Profile 4 Men, LLC
180 East Broad Street, 21st Floor
Columbus, Ohio 43215
Attn: General Counsel
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.
16) TRADEMARKS. The Profile 4 Men 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 Profile (the “Profile 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 Profile 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 Profile 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.
17) YOUR OBLIGATIONS. In consideration of your use of this Site, you agree that to the extent you provide Personal Information to Profile it will be true, accurate, current, and complete and that you will update all Personal Information as necessary. If you submit a leasing application through the Site, you agree that it and any supporting contents will be true, accurate, current, and complete. 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, malware, 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.
18) 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, Profile, ITS AFFILIATES, AND ITS 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, Profile, ITS AFFILIATES, AND ITS 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).Profile DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED Profile 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 Profile. 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.
21) 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.
22) FORWARD-LOOKING STATEMENTS. This Site may contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. 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. Risks and other factors that might cause differences, some of which could be material, include, but are not limited to, economic and market conditions, tenant bankruptcies, bankruptcies of joint venture (JV) partners, rejection of leases by tenants in bankruptcy, financing and development risks, construction and lease-up delays, cost overruns, the level and volatility of interest rates, the rate of revenue increases versus expense increases, the financial stability of tenants within the retail industry, the failure of Profile to make additional investments in regional mall properties and redevelopment of properties, the failure to acquire properties as and when anticipated, the failure to fully recover tenant obligations for common area maintenance (CAM) taxes and other property expenses, failure to comply or remain in compliance with covenants in the Company’s debt instruments, failure or inability to exercise available extension options on debt instruments, failure of Profile to qualify as a real estate investment trust, termination of existing JV arrangements, conflicts of interest with the Company’s existing JV partners, failure to achieve projected returns on development properties, the failure to sell malls and community centers and the failure to sell such properties when anticipated, the failure to achieve estimated sales prices and proceeds from the sale of malls, increases in impairment charges, additional impairment charges, as well as other risks listed in our news releases and other public pronouncements, including, but not limited to information published on the Site.
30) WRITTEN COMMUNICATIONS. When using this Site or ordering Products via this Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on this Site. You are deemed to have knowledge and to have received any information that is provided to you on this Site or by email to an address you provided to us. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.