Terms of Use

Last Modified: July 24, 2024

These Terms of Use (these “terms”) are in place to govern your use of, and access to, this website located at https://www.trcretail.com/ (which we refer to in these terms as the “site,” which term also includes all subpages, content, and functionality). When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site. “We,” “us,” “our,” and “TRC” refer to TRC Retail, the owner and operator of the site.

In addition to these terms, your use of the site is governed by any other policies posted on the site from time to time, including our privacy notice, which is incorporated into these terms by reference.

1. ACCEPTANCE OF TERMS. You should carefully read these terms. By accessing, browsing, and using the site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms, or to any other site policy, you should not access or use the site.

We may make changes to the site or these terms at any time. Any modifications will be effective when the changes are posted to the site. You will be able to determine when these terms were last updated by referring to the “Last Modified” legend at the top. You understand and agree that your continued access to or use of the site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.

2. OWNERSHIP OF THE SITE AND OUR INTELLECTUAL PROPERTY. The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content (including all data, text, and graphics) included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws. Without limiting that general statement, “TRC,” “TRC Retail” and all related names, logos, products and service names, designs and slogans are our proprietary trademarks. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using these names or any other colorable equivalent without our prior written authorization.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content from the site without our prior express written consent. You are permitted to print pages and screen shots from this site only for your personal, non-commercial use.

3. INFORMATION PRESENTED ON THE SITE/DISCLAIMER. The site is provided for the convenience of certain parties, including our retail partners, property managers, landlords, and tenants, as well as other parties who may be interested in us or in our properties. You understand that we cannot and do not guarantee the timeliness, accuracy, or completeness of any content presented on the site, and we will not be responsible to you for any errors or omissions or for the results obtained from your use of any content.

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. RESTRICTIONS ON USE. You may not (a) use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the site or collect any content, (b) engage in any “screen scraping,” “database scraping” or similar activities to obtain any content, (c) accumulate or index, directly or indirectly, any content or portion of the site for any commercial purpose whatsoever, or otherwise (d) use the site to engage in any illegal activity.

5. LINKS TO OTHER WEB SITES. We and others may provide links to web pages, web sites, and various resources or locations on the web (collectively, “Third Party Sites”). Links to Third Party Sites are provided only for your convenience. We do not operate, control, endorse or guarantee any Third Party Sites. Our policies do not apply to any Third Party Sites. When you access any Third Party Sites through a link posted on the site, it is your responsibility to read the terms and conditions of use, privacy policy, and other policies of such Third Party Sites.

6. LIMITATIONS ON LIABILITY. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY AN AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, TO ACCESS OR USE THE SITE.

7. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER.

Please read the following section carefully, because it limits the manner in which you can seek relief from us.

The laws of the State of Texas (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the site and/or these terms shall be brought solely in the State of Texas. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.

8. INJUNCTIVE RELIEF. In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.