Nebraska Crossing Outlets Inc. (“Nebraska Crossing Outlets”, “Us” or “We”) provides the Nebraska Crossing Outlets website and various related services (collectively, the “Site”) to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the “Terms and Conditions of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Site, you shall also be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions of Use. In the event there is a conflict between these Terms and Conditions of Use and the latter, and the latter provides additional restrictions, the latter will take precedence.
BY USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS OF USE, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, EXIT THE SITE NOW. YOUR SOLE AND ONLY REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.
We expressly reserve the right to modify, discontinue or terminate the Site, Application or Services or to change these Terms and Conditions of Use at any time and without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms and Conditions of Use. Your continued access to, or use of the Site after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the Site, Applications and the Services.
As used in these Terms and Conditions of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
DESCRIPTION OF SERVICES
We provide information regarding brands, offers, events and other details pertaining to the Nebraska Crossing Outlets. In addition we make various services available on and through the Site including, but not limited to, personalized recommendations and style advice for men’s and women’s clothing and accessories, along with other services and features we deem relevant. You are responsible for providing, at your own expense, all equipment and resources necessary to use the Site and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue any service associated with the Site, including any of the Site’s features, at any time with or without notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms and Conditions of Use.
REGISTRATION DATA AND PRIVACY
In order to access certain services or features on the Site, you are required to use an account and password. You may obtain an account and password only by completing our online registration form. The online registration form requests certain information and data (“Registration Data”). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required, keeping it current, complete, and accurate.
CONDUCT ON SITE
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we may elect to prescreen, monitor or edit any content. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or any associated services or features. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our Site. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
THIRD PARTY SITES AND INFORMATION
The Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.
INTELLECTUAL PROPERTY INFORMATION
For purposes of these Terms and Conditions of Use, we define “content” as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes message boards, chat, and other original content.
By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Nebraska Crossing Outlets and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through, the Site will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party.
The Site may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of Nebraska Crossing Outlets or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of Nebraska Crossing Outlets or its Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of Nebraska Crossing Outlets.
UNAUTHORIZED USE OF MATERIALS
We do not accept unsolicited ideas or proposals. If you elect to submit an unsolicited idea or proposal, the idea or proposal will not be confidential and may be used by us for any purpose whatsoever. So, please do not submit an unsolicited idea or proposal to us in any circumstance.
Additionally, we respect the intellectual property rights of others, and we ask you to do the same. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You further agree that content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Nebraska Crossing Outlets all of the license rights granted herein. You acknowledge and agree that upon our receipt of a notice of a claim of infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act or other applicable authority.
We view the removal or “take down” of content from the Site as a significant step. Consequently, if you believe your copyright has been infringed by a posting on the Site, we ask that you send notification to our Designated Agent (as identified below).
To be effective and to support immediate removal of the allegedly infringing material or content, your notification to our Designated Agent needs to include the following:
- Detailed identification of your copyrighted or otherwise protected work that you believe has been infringed.
- Identification of the specific content or material on the Site that you claim is infringing your copyrighted or otherwise protected work identified in item #1 above.
- Your contact information (email address preferred).
- Contact information for the owner/administrator of the allegedly infringing webpage or other content (email address preferred).
- You must also include the following statements in your written notification:
- “I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- You must then sign your written notification.
- Finally, send the completed written notification to our Designated Agent at the following address:
Designated Agent for Claimed Infringement:
Contact: Kelly Calderone Address: 21209 Nebraska Crossing Drive, Suite. C100 Gretna, NE 68028
DISCLAIMER OF WARRANTIES
ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither Nebraska Crossing Outlets nor its Affiliates shall be a party to any commercial contract between you and any sellers/purchasers without our written consent and confirmation.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Nebraska Crossing Outlets spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Site for further information, which policies are incorporated by reference into these Terms and Conditions of Use.
You understand and agree that temporary interruptions of the services available through the Site may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY OTHER WEBSITE REFERENCED OR LINKED TO FROM THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.
YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE SITE CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
IF THE ABOVE LIMITATIONS OR DISCLAIMERS SHALL FAIL OF THEIR ESSENTIAL PURPOSE UNDER APPLICABLE LAW OR THROUGH ADJUDICATION, THEN THE PARTIES AGREE THAT ANY DAMAGES ( DIRECT, INDIRECT AND INCLUDING ATTORNEYS’ FEES AND ADJUDICATION COSTS) SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) THE AMOUNT OF MONEY YOU PAID FOR THE GOODS OR SERVICE AT ISSUE OR (ii) $100.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECURITY AND PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
PARTICIPATION IN PROMOTIONS
From time to time, the Site may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Site does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.
E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Site, either directly or through a third-party provider. Where additional Communications services are provided, we may require that you execute separate supplemental agreements covering those services and characterizing the relationship between you and us that, except where expressly noted or contradictory in the supplemental agreements, includes these Terms and Conditions of Use.
At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties. Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.
Further, the mailbox we may provide to you may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States or that the Site complies with any country’s privacy laws. Accessing the Site or materials from territories where the content is deemed illegal is prohibited. If you access the Site from locations outside the U.S, you do soon your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
TERMINATION OF USE
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
OVERNING LAW, VENUE, ARBITRATION
The Site (excluding any linked sites) is controlled by us from our offices within the state of Nebraska, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Nebraska, by accessing the Site, both of us agree that the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Douglas County, Nebraska with respect to such matters.
In the event of a dispute, the parties agree that we, in our sole discretion, may choose to resolve such dispute by binding arbitration under Nebraska’ then-current arbitration rules and statutes as administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”). If the provisions of Nebraska arbitration rules conflict in any way with the AAA rules, the AAA Rules as construed by the arbitrator shall govern. Any such arbitration shall be held in Omaha, Nebraska before a single arbitrator unless the parties agree otherwise. The successful or prevailing party in any such party shall be entitled to recover the prevailing party’s reasonable attorney’s fees and other expenses of the arbitration if the award of attorney’s fees and costs is authorized by civil action involving the same claim(s).
All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at Nebraska Crossing Outlets, Inc., 21209 Nebraska Crossing Drive, Suite. C100 Gretna, NE 68028, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.
You agree not to sell, resell, reproduce, duplicate, copy, create a derivative work, or use for any commercial purposes any portion of the Site. You also agree that you will not use or access the Site for commercial purposes.
In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on the Site, the services available through the Site are offered by Nebraska Crossing Outlets, Inc., located at 21209 Nebraska Crossing Drive, Suite. C100 Gretna, NE 68028. Our telephone number is (402) 332-5650. If you notice that any user is violating these Terms and Conditions of Use, please contact us at [email protected]
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and/or via Texting NEX to 313131 and/or via entry forms at Nebraska Crossing Outlets. The sweepstakes is open to the legal residents of the USA and is void where prohibited by law. Employees of Nebraska Crossing Outlets (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Nebraska Crossing Outlets, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Please refer to Sweepstakes form for dates.
4. How to Enter: The Sweepstakes must be entered by Texting NEX to 313131 and/or submitting an entry using the online form provided, and/or at the Nebraska Crossing Outlet via entry forms. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Nebraska Crossing Outlets. You must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Nebraska Crossing Outlets.
5. Prizes: You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Nebraska Crossing Outlets to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via e-mail to the e-mail address or by phone via the phone number they entered the Sweepstakes with within five (5) days following the winner selection . Nebraska Crossing Outlets shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Nebraska Crossing Outlets, anyone acting on behalf of Nebraska Crossing Outlets, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Nebraska Crossing Outlets reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Nebraska Crossing Outlets may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Nebraska Crossing Outlets. Nebraska Crossing Outlets reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Nebraska Crossing Outlets has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Nebraska Crossing Outlets reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from Nebraska Crossing Outlets. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless Nebraska Crossing Outlets and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF USA AND NE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in NE having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
13. Winners List: For the names of the winners, please contact us at [email protected] and in the body of the email type ‘Please e-mail me the winners’ list for the Nebraska Crossing Outlets Sweepstakes.
14. Sponsor: The Sponsor of the Sweepstakes is Nebraska Crossing Outlets, 21209 Nebraska Crossing Dr c100, Gretna, NE, USA;
15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn, Apple or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn Apple or Google.