The Promenade 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.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. THE PROMENADE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Eastpoint 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 Eastpoint 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.
You agree to defend, indemnify and hold The Promenade 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.
Unless otherwise noted, the graphic images, buttons, and text contained in this Site are the exclusive property of The Promenade, its 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 Promenade.
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 Promenade 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 Promenade 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 Promenade. However, even if such third parties are affiliated with The Promenade, The Promenade has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of The Promenade. The Promenade 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 Promenade’s historical experience and our present expectations or projections. The Promenade undertakes no obligation to publicly update or revise any forward-looking statements.
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.
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.
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.
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