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1. Service Description: The Service will initially consist of free access to industry specific news, editorial content and free searches (with the option of purchasing detailed data) of selected information from the product and property of Shopping Center Database Inc. The benefits of the Service and any information provided to Member are subject to change from time to time and without prior notice, and any services ordered are subject to availability.
2. Membership and Use: PVS agrees to provide the services described above to the Member through the Service during the term of this Agreement. Membership in the Service is not transferable. Member agrees that the services will be used only for his/her benefit. Any printed material and software provided by PVS is the property of PVS. Member is responsible for all use of this Service and will immediately notify PVS of any unauthorized use of the Service membership. Member agrees to not publish, retransmit, broadcast or otherwise reproduce the information or software in any medium.
3. Links to, and Frames of, the Site: If you operate a Web site and wish to link to this Site, you may link only to the home page of the Site and not to any other page or subdomain of us without our express written consent. You may not frame or utilize framing techniques that involve any Marks, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site or suggest any relationship between our Site and you without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, spiders, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
4. Termination: PVS has the right to terminate this Agreement and the membership in the Service at any time for any reason. MEMBER HAS THE RIGHT TO CANCEL MEMBERSHIP IN THE SERVICE AT ANY TIME UPON WRITTEN, ELECTRONIC MAIL OR VERBAL NOTICE TO THE CUSTOMER SERVICE DEPARTMENT. A canceling Member will not receive or be entitled to use any benefits or discounts of the service after the cancellation date.
5. Disclaimer of Warranties and Limitation of Liability: PVS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES PURCHASED OR OBTAINED BY MEMBER AS A RESULT OF USING THE SERVICE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCTIVENESS OR ANY OTHER MATTER. MEMBER ACKNOWLEDGES THAT HE/SHE IS NOT RELYING ON PVS'S SKILL OR JUDGMENT IN SELECTING THE SERVICES AVAILABLE TO MEMBER. PVS WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ATTORNEY'S FEES OR COSTS. PVS will have no liability for any cause beyond PVS's control. If for any reason any disclaimer is found to be defective or unenforceable, then the only recourse that member will have against PVS is to cancel the membership.
6. Communications: Member hereby authorizes PVS to deliver any and all communications ("Communications"), including but not limited to membership information, procedures on use of the Service and changes in Service benefits to Member's electronic mail address. Member further authorizes PVS to deliver any Communication by sending in lieu of such Communication ("the Underlying Communication"), a notice which directs Member to an address on the World Wide Web ("Web") where the Underlying Communication is posted. Member agrees that the sending of a notice of delivery by Web posting shall constitute delivery whether or not Member actually accesses the Underlying Communication via the Web. Member agrees that he/she will not, for any reason, alter any Communication delivered electronically or otherwise. PVS does not guarantee Web access, however PVS offers Member various ways of accessing its customer service staff.
7. Entire Agreement: This Agreement and the Terms and Conditions represent the entire understanding of the parties with respect to the subject matter hereof and will supersede any and all prior oral or written communications, representations or agreements, other than with respect to the initial Membership Fee and membership term to which Member agreed at the time of his or her enrollment. If any of the terms or provisions hereof will be held to be invalid or unenforceable, the remaining terms and provisions hereof will not be affected thereby.
8. Assignment: This Agreement may be assigned in whole or in part by PVS at any time in its discretion.
9. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario Canada, without regard to its choice of law principles. Nothing herein will deprive Member of the benefits of any applicable consumer protection laws, except to the extent lawfully waived by the terms hereof. Acceptance or use of any of the benefits or services of the Service will constitute the Member's acceptance of all of the terms and conditions of this Agreement. Any dispute which may arise, will be governed and settled in the province, and country of operation.
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