Dine Drink Delight during the Season of Lights at Midtown Crossing

TERMS OF USE

INFORMATION
This website is owned by East Campus Realty, LLC, which owns and operates Midtown Crossing (collectively known as “Midtown Crossing”).  By accessing, viewing, or using the systems, services or materials on this website or any of Midtown Crossing sites linking to these Terms of Use (collectively, the “Site”), you indicate your understanding of and your agreement to be legal bound by these Terms of Use. If you do not wish to agree to these Terms of Use, we recommend you leave this Site.

A. AVAILABILITY AND USE OF MATERIALS ON THE SITE
“Materials” include information, forms, documents, and other content present on or available to you from the Site.  Materials which offer descriptions or information on the products or services Midtown Crossing or the restaurants, retailers and other merchants (“Establishments”) sell or offer are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions.

B. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS
The Site, and its content and functionality (including all Materials thereon), are owned by Midtown Crossing, its licensors or other providers of the content and functionality, and are protected by United States copyright and other applicable laws. Likewise, all trademarks, service  marks and logos located on the Site are owned by Midtown Crossing or used by Midtown Crossing with the permission of the Establishments unless otherwise indicated. Removal or reproduction, by any means, of any content and functionality, Materials, trademarks, service marks, logos or the names of Midtown Crossing or its affiliates, is expressly prohibited without the prior written consent of Midtown Crossing.

C. COMMUNICATIONS WITH THE SITE
Except as set forth in Midtown Crossing’s Privacy Policy or as required by privacy laws, if you elect to communicate with Midtown Crossing via the Site or e-mail, you acknowledge that the information contained in your message shall not be considered confidential and that Midtown Crossing shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Midtown Crossing is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Midtown Crossing employees. Opinions or comments contained in such items reflect the views of the author and not of Midtown Crossing unless Midtown Crossing expressly states to the contrary.

D. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MIDTOWN CROSSING BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF MIDTOWN CROSSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MIDTOWN CROSSING SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MIDTOWN CROSSING TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDTOWN CROSSING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE INFORMATION PRESENTED ON OR THROUGH THIS SITE IS MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND MIDTOWN CROSSING DOES NOT WARRANT THAT (I) THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE; (II) THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED FASHION; OR (III) ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

E. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Midtown Crossing, its parent, affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, members, principals, contractors, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws.

F. GOVERNING LAW AND JURISDICTION
These Terms of Use are governed by the laws of the State of Nebraska without regard to that state’s or any other state’s principles of conflicts of laws. You consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and irrevocably agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is intended solely for visitors in the United States and is controlled and operated by Midtown Crossing from its offices within the United States. Midtown Crossing makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition, agree to use this Site only for lawful purposes, and are responsible for compliance with applicable laws.

G. PRIVACY POLICY
For information on links to other sites referenced on this Site or on use of the internet to communicate with this Site, please see the Midtown Crossing Privacy Policy located at www.midtowncrossing.com.

H. CHANGES TO THE TERMS OF USE
Midtown Crossing may revise and update these Terms of Use from time to time, in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

I.  CONTACTING US
If you have any questions or comments about our Terms of Use and/or the way they affect you, please feel free to contact us by sending an email request to:  contact@midtowncrossing.com.

By visiting Midtown Crossing or Turner Park, you are entering an area where photography, audio, and video recording may occur.

These Terms of Use were last updated in November 2023.