Terms and Conditions of Use

This website is provided by AIG BAKER SHOPPING CENTER PROPERTIES, L.L.C., and its affiliated entities (“AIG Baker”). This website is provided for and may be used for informational purposes only. By using this website or downloading materials from it, you (you and all other visitors to this website are also hereinafter referred to as “Users”) agree to abide by these Terms and Conditions of Use and Privacy Policy (hereinafter referred to as these “Terms”) set forth below. If you do not agree to abide by these Terms, please do not use this website or download materials from this website.

I. Terms of Use
A. Information on the Website Subject to Change
We endeavor to keep the information on this website current, complete, and accurate. However, if you are interested in purchasing real estate in projects that are identified on this website, then we encourage you to contact us to receive more information, although the laws of your state will dictate our ability to provide you with additional information. The information presented on this website is provided for general reference only and is not a representation of the content of the sales contract or other offering documents and governing documents for the residential product contained on this website.

The information set forth in this website as well as these Terms are subject to change or termination from time to time and at any time in AIG Baker’s sole discretion. You should visit this page to review the current Terms of Use because they are binding on you. Your use of this website following any change in these Terms constitutes your agreement to be bound by these Terms as revised. If any revisions of these Terms are not acceptable to you, your only recourse is to terminate your use of this website.

B. Linked Sites
For convenience, AIG Baker may provide links to websites operated by third parties. AIG Baker and its affiliated entities shall not be responsible for the content of any sites linked from this website. These links shall not be construed to imply that AIG Baker supports, verifies, proclaims or endorses any of the linked sites or the representations or content presented at such linked sites.

C. All Rights Reserved
All materials on this website are the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of AIG Baker or its affiliates or by third parties that have granted their permission to display these materials on this website. The materials and presentation of this website are the exclusive property of AIG Baker and are protected by U.S. and international copyright laws. AIG Baker reserves all intellectual property rights in all of the content appearing on this website. Users shall not obtain any right, title or interest in or to any of the materials on this website as a result of accessing, printing or downloading such materials. The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, linking to (including, without limitation, “deep linking” or “framing” of any page on this website) or creating of derivative works from the information contained on this website is strictly prohibited unless expressly authorized in writing by AIG Baker.

D. Applicable Law and Venue
The laws of the State of Alabama and the United States of America shall govern these Terms. All Users hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Alabama in the United States of America for any claims arising from or relating to the use of this website. All Users further hereby waive any objection to the venue of such claims in the courts of the State of Alabama of the United States of America.

E. Privacy Policy
You confirm that you have read, understood and agree to the AIG Baker Privacy Policy, the terms of which are set forth in a separate link on this website, and any other privacy statements set forth on this website, and you agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by AIG Baker, its third-party providers, and/or distributors in accordance with the terms of, and for the purposes set forth in, the AIG Baker Privacy Policy. AIG Baker makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. AIG Baker will not be responsible for any actual or consequential damages that result from a lapse in compliance with the AIG Baker Privacy Policy because of a security breach or technical malfunction.

F. Indemnification
User agrees to defend, indemnify and hold AIG Baker harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to use of the website.

G. General Provisions
These Terms represent the complete statement of the Terms and Conditions of Use and Privacy Policy, and they supersede any and all prior statements of the Terms and Conditions of Use and Privacy Policy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect. The failure by AIG Baker to insist upon compliance by User with these Terms shall not limit AIG Baker’s rights with respect to subsequent breaches of compliance of these Terms by User.

H. Non-Confidentiality of Communications
If you send a message or information to this website, such as (but not limited to) an e-mail to the Webmaster, you hereby grant to AIG Baker the right to read, use, distribute, disclose and otherwise handle the communication and any related information as AIG Baker deems appropriate in its sole judgment. YOU ARE HEREBY ADVISED THAT, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE ON THIS WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED.

I. Disclaimer of Warranty
THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND AIG BAKER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN ANY JURISDICTION WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

J. Limitation of Liability
IN NO EVENT SHALL AIG BAKER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES.

AIG BAKER SHALL NOT BE LIABLE FOR SUCH DAMAGES EVEN IF AIG BAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE LIABILITY CANNOT BE LIMITED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

II. Disclaimers Related to Real Estate Sales

A. Equal Housing Opportunity
AIG Baker is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin.

B. Offering Disclaimers
This website is not an offer to sell real estate in any jurisdiction where prior registration is required, including New York. Artist’s renderings, prices, photos, concept plans, floor plans, planned amenities, and proposed dwelling finish features are based upon current development plans that are subject to change without notice. No guarantee is made that the facilities depicted will be built, or, if built, will be of the same size, type or nature as depicted. Users should not rely upon the information contained on this website for making decisions to purchase or lease real estate. NEED NOT BE BUILT.

C. Use of Information
This website is designed as a service to our customers and may be used for information purposes only. The information on this website shall not be deemed an offer or a solicitation of the purchase or sale of any securities. No statement contained herein should be construed as financial, tax, accounting, investment, business or legal advice. Prospective purchasers are urged to seek expert advice.

III. Contact Information
If you have a question, problem or complaint regarding these Terms and Conditions of Use, you may contact AIG Baker at:
E-mail: privacypolicy@abshop.com
Mailing address: 1701 Lee Branch Lane, Birmingham, Alabama 35242.

Privacy Policy

AIG BAKER SHOPPING CENTER PROPERTIES, L.L.C., and its affiliated entities (“AIG Baker”) is the owner of this website. This online Privacy Policy discloses AIG Baker’s information practices for this website, including the type of personal identifiable information that is gathered, how the information is used, and with whom the information is shared. Note that other AIG Baker websites may be governed by privacy notices containing different information practices applicable to those sites.

A.Personal Information
AIG Baker will not collect any personal contact information from you unless you decide to provide it to us. Unless prohibited by applicable law in your jurisdiction, we will use the contact information that you transmit to us to provide you with information about our community. Your act of submitting your contact information will not be deemed to be an offer to purchase any property featured in this website.

B. Information from Children
AIG Baker does not collect or maintain information from users actually known to be under the age of 18, and no part of this website is structured to attract anyone under the age of 18.

C. Links to Other Websites
For convenience, AIG Baker may provide links to websites operated by third parties. AIG Baker and its affiliated entities shall not be responsible for the content or privacy practices of any sites linked from this website, and will have no liability arising out of or related to such websites or their content. These links shall not be construed to imply that AIG Baker supports, verifies, proclaims or endorses any of the linked sites or the representations or content presented at such linked sites.

D. Uses Made of the Information
(i) General Uses. Personal information collected by AIG Baker may be used by AIG Baker for the following non-inclusive list of purposes: to reply to inquiries; handle complaints; provide operational notices and in program record-keeping; analyze statistical analysis of customer's behavior; product development; to customize the content and layout of this website; for internal company reviews.

(ii) Marketing Uses
Unless you elect to “opt-out” pursuant to Paragraph G herein, the information you provide to this website may also be collected, used, analyzed and/or processed by AIG Baker, or selected third parties on AIG Baker's behalf, for marketing and other business purposes including providing customers with information about this website, AIG Baker products and services, and related information in which the user to this website has indicated an interest.

(iii) Stored Information Uses. AIG Baker reserves the right to collect all information which is routinely available through a user’s access of the website such as the frequency of users visiting the site, which pages are viewed and for what length of time, the internet service provider of users and the location of the users. All of this information is valuable to AIG Baker and will be retained and used for the purposes of improving its website and the product featured on this website, developing effective marketing strategies, project planning, as well as for other purposes in AIG Baker’s sole discretion. AIG Baker cannot guarantee that information transmitted through this website will remain confidential or secure. These Terms represent the complete statement of the Terms and Conditions of Use and Privacy Policy, and they supersede any and all prior statements of the Terms and Conditions of Use and Privacy Policy. If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect. The failure by AIG Baker to insist upon compliance by User with these Terms shall not limit AIG Baker’s rights with respect to subsequent breaches of compliance of these Terms by User.

E. Disclosure of the Information
(i) Within Corporate Organization. AIG Baker may share personal information collected on this website within the AIG Baker corporate organization, and may transfer this information to other states of the United States or countries in the world where AIG Baker conducts business. Some countries may provide less legal protection for customer personal information. In such countries, AIG Baker will still handle customer personal information in the manner describe herein.

(ii) Mergers and Acquisitions. Circumstances may arise where for business reasons, AIG Baker decides to sell, buy, merge or otherwise reorganize its businesses. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers.

(iii) Agents. AIG Baker employs or engages other companies and individuals to perform business functions on behalf of AIG Baker. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, analyzing data, providing marketing assistance, and providing customer services.

(iv) Affiliated Businesses. AIG Baker works closely with affiliated businesses operating websites, providing services or selling products on each other's websites. Information related to a transaction with an affiliated business is shared with that affiliated business.

(v) Sharing Information with Third Parties. AIG Baker reserves the right to disclose to third parties personal information about its customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer. AIG Baker may share information with a third party in order to offer or support a product or service that AIG Baker provides. If AIG Baker or an affiliate obtains non-public information about you and intends to share such information in a manner inconsistent with this Privacy Policy, AIG Baker will notify you and provide you with a chance to elect to exclude your information from being shared. AIG Baker or its affiliates may, in some circumstances, be legally required to share your personal information pursuant to applicable law. AIG Baker may share personal information with law enforcement agencies or other third parties as such sharing is prudent.

(vi) Disclosure to Governmental Authorities. AIG Baker releases personal identifying information when AIG Baker reasonably believes release is appropriate to comply with law, to inform and cooperate with law enforcement agencies or other governmental authorities, to enforce AIG Baker agreements, or to protect the rights, property or safety of AIG Baker customers. AIG Baker may also release such information in an exchange of information with other companies and/or organizations for the purposes of fraud protection and credit risk reduction.

F. Information Security
AIG Baker will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, AIG Baker shall not be liable for unauthorized disclosure of personal information due to no fault of AIG Baker including, but not limited to, errors in transmission and unauthorized acts of AIG Baker staff and/or third parties.

G. Privacy Policy Changes and Opt-Out Rights
(i) Changes to Privacy Policy. This privacy policy was last updated on August 22, 2007; AIG Baker reserves the right to update this privacy policy statement at any time.

(ii) Opt-Out Right. You have the right at any time to cease permitting personal information to be collected, used or disclosed by AIG Baker and/or by any third parties with whom AIG Baker has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting AIG Baker via e-mail at: privacypolicy@abshop.com or via telephone or certified postal mail at the address provided in Paragraph I herein. After processing the cancellation, AIG Baker will delete such personal information from its data base. However, to the extent that you choose to continue using this website, AIG Baker may use this personal information as may be reasonable necessary in connection with such use.

(iii) Removal from Contact Lists. If you wish to be removed from any contact list that is generated from your use of this website, then please contact AIG Baker at privacypolicy@abshop.com . We will honor your request for removal pursuant to time periods established by applicable law.

H. Access Rights to Data
(i) Information Maintained by Us. Upon written request from a user to this website, AIG Baker will provide a reasonable description of the personally identifiable information collected from that user that AIG Baker maintains in its database. AIG Baker can be contacted by e-mail or certified postal mail at the address provided in Paragraph I herein.

(ii) Corrections and Changes to Personal Information. User may modify, collect, change or update personally identifiable information that AIG Baker has collected through this website, or may cause their personal record to be removed from AIG Baker database by contacting AIG Baker by e-mail or certified postal mail at the address provide in Paragraph I herein.

(iii) Right to Contact User. AIG Baker reserves the right to contact users to this website regarding changes to the Terms and Conditions of Use, Privacy Policy, or any other policies or agreements relevant to users of this website.

I. Contact Information
(i) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about AIG Baker compliance with this privacy policy, you may contact AIG Baker at:
E-mail: privacypolicy@abshop.com
Mailing address: 1701 Lee Branch Lane, Birmingham, Alabama 35242

(ii) Terms of Use. By using this website, you consent to AIG Baker’s collection and use of information as described in this Privacy Policy. Any dispute over privacy between you and AIG Baker is subject to the provisions of this Privacy Policy and to AIG Baker's Terms and Condition of Use which is hereby incorporated herein and which can be read at privacypolicy@abshop.com.

Disclaimer

This is not an offer in any jurisdiction where prior registration is required, including New York. Void where prohibited by law. Prices, photos, artists renderings and planned amenities are based on current development plans that are subject to change without notice. No guarantee is made that the facilities depicted will be built, or, if built, will be of the same size, type or nature as depicted. Use of recreational amenities may be subject to additional requirements, availability, and fees. NEED NOT BE BUILT.

Your contact information will be used by us and our affiliated companies to provide you with more information regarding our products and services, except where prohibited by law. By submitting your contact information to us, you acknowledge that you have reviewed the Privacy Policy prior to the submission.