Website Terms of Use and Legal Restrictions

  1. Policy Introduction & Overview. This website (the “Site”), is owned and operated by WPG, L.P., and/or one or more of its affiliates (collectively “WPGLP,” “we,” “us,” or “our”). These Terms ofUse and Legal Restrictions (“Terms of Use”) govern your use of this Site and each website or service in whichit is expressly incorporated, such as by internet link on a website or presentation or display to Users in the courseof providing services.
  2. Your Acceptance of These Terms of Use. These Terms of Use apply to all users of this Site. By using thisSite you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Termsof Use, you may not access or use this Site.
  3. Your Acceptance of Our Privacy Policy. By agreeing to these Terms of Use, you agree to the terms of our Website Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully reviewour Privacy Policy. All Personal Information (as defined in the Privacy Policy) provided to us as a result of youruse of this Site will be handled in accordance with our Privacy Policy.
  4. Your Consent to Other Agreements. Certain aspects of the Site may be provided by one or more third parties.Such third parties may have their own policies and end user license agreements (collectively, “Third PartyPolicies and EULAs”) that apply to your use of the Site. Nothing in this Terms of Use is intended to modify orlimit such Third Party Policies and EULAs. This Terms of Use only applies to the Site to the extent actuallydeveloped, distributed, licensed and supported by or on behalf of WPGLP. We may also require you to followadditional rules, guidelines or other conditions to sign up to use various special features or password-protectedareas of this Site, to participate in certain programs, promotions or activities available through this Site, or forother reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, bychecking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through"agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use,the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect tothe matters governed by the click-through agreement.
  5. Ownership of this Site and its Content This Site, including all its content, are protected under applicableintellectual property and other laws, including without limitation the laws of the United States and othercountries. The word "content" as used in these Terms of Use refers to all of the software and code comprising orused to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, videoand audio-video clips, and other materials available on this Site, including user-generated content. All contentand intellectual property rights therein are the property of WPGLP or the material is included with the permissionof the rights owner and is protected pursuant to applicable copyright and trademark laws. The presence of anycontent on this Site does not constitute a waiver of any right in such content. You do not acquire ownershiprights to any such content viewed through this Site. Except as otherwise provided herein, none of this contentmay be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted ortransmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying,recording, or otherwise, without the express prior written permission of WPGLP. Permission is hereby grantedto the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Siteon a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify thecontent; (ii) you retain any and all copyright and other proprietary notices contained in the content; and (iii) youdo not copy or post the content on any network or computer or post or broadcast the content in any media.
  6. Responsibility for User-Generated Content Posted on or Through this Site, You are responsible for UserGenerated Content that you post. The term "User-Generated Content" refers to all of the Content that you poston or through this Site using the social networking tools we make available to you and that do not constituteFeedback (defined below). One way that User-Generated Content differs from other information you provide tous is that, once submitted, User-Generated Content is made available instantaneously to others. Examples ofUser-Generated Content include comments posted to discussion boards. Under no circumstances will we beliable in any way for any User-Generated Content.

    This means that you, not WPGLP, are entirely responsible for all User-Generated Content that you post and thatyou can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate theseTerms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Contentyou post is not your original work, it is your responsibility to obtain any necessary permission to post it.

    Because we do not control the User-Generated Content posted on or through this Site, we cannot and do notwarrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You alsoagree and understand that by accessing this Site, you may encounter User-Generated Content that you mayconsider to be objectionable. We have no responsibility for any User-Generated Content, including withoutlimitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim wasincurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted or otherwise madeavailable on or through this Site. The User-Generated Content posted on or through this Site expresses thepersonal opinions of the individuals who posted it and does not necessarily reflect the views of WPGLP or anyperson or entity associated with WPGLP.

    You own User-Generated Content, but we may use it. You own the copyright in any original User-GeneratedContent you post. We do not claim any copyrights in User-Generated Content. However, by using this Site youare granting us and our subsidiaries, affiliates, vendors, successors and assigns, a nonexclusive, fully paid,worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense throughunlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish,transmit, remove, retain, repurpose, and commercialize User-Generated Content you post in any and all mediaor form of communication whether now existing or hereafter developed, without obtaining additional consent,without restriction, notification, or attribution, and without compensating you in any way, and to authorize othersto do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish tolicense to us, including any confidential information or product ideas.

    We may disclose and/or remove User-Generated Content. WPGLP reserves certain rights. We reserve the right(but do not assume the obligation) to:

    • monitor all User-Generated Content;
    • require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws or these Terms of Use;
    • remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
    • disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena, or other legal process, or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of WPGLP or others, or to enforce these Terms of Use;
    • monitor all User-Generated Content;
    • require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws or these Terms of Use;
    • remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
    • disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena, or other legal process, or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of WPGLP or others, or to enforce these Terms of Use; and
    • terminate your access to and use of this Site, or to censor, edit, or block your transmissions thereto in our sole discretion.

    You agree that our exercise of such discretion shall not render us the owners of User-Generated Content youpost, and that you will retain ownership thereof as described above.

    Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

    • upload, post, transmit or otherwise make available:
      • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
      • any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation
      • any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
      • any User-Generated Content that is false, misleading, or fraudulent;
      • any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • any User-Generated Content that violates or infringes upon the rights of others, including UserGenerated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of
      • any individual, living or deceased, or any legal entity;
      • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
      • any request for or solicitation of any personal or private information from any individual;
      • any request for or solicitation of money, goods, or services for private gain;
      • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
      • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
    • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
    • violate any local, state, national or international law, rule or regulation.

    By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of therights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii)the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read andunderstood—and your User-Generated Content fully complies with—these Terms of Use and applicable lawsand will not cause injury to any person or entity.

  7. Your Feedback. Although we do not claim ownership of User-Generated Content you post using this Site,the feedback you provide to us through this Site will be and remain our exclusive property. As used in theseTerms of Use, the word “feedback" refers to the content you post on or through this Site that is specifically abouthow we can improve this Site and our services and programs. Your submission of feedback will constitute anassignment to us of all worldwide rights, title and interests in your feedback, including all copyrights and otherintellectual property rights in your feedback. We will be entitled to reduce to practice, exploit, make, use, copy,disclose, display or perform publicly, distribute, improve and modify any feedback you submit for any purposewhatsoever, without restriction and without compensating you in any way. For this reason, we ask that you notsend us any feedback that you do not wish to assign to us.
  8. Removal of Content. In general. On certain pages of this Site, we may provide to you a tool to reportobjectionable User-Generated Content. If that tool is not available, you can report objectionable User-GeneratedContent and other objectionable content by contacting us using the information provided below. While we do not have any obligation to remove content from this Site merely because of a removal request, we will removecontent that we determine should be removed, in our sole discretion and in accordance with these Terms of Useand applicable law. Please be aware, however, that if the content has already been distributed to other websitesor published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy ofthe content we remove from this Site may remain on back-up servers.

    Violation of copyrights. WPGLP does not knowingly violate or permit others to violate the copyrights of others.We will promptly remove or disable access to material that we know is infringing or if we become aware ofcircumstances from which infringing activity is apparent. If you are requesting removal of content because of aviolation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA"), asamended and supplemented, provides recourse for copyright owners who believe that material appearing on theInternet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a thirdparty for whom you are authorized to act, is featured on this Site or has been otherwise copied and made availableon this Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice mustbe in writing and must include:

    • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed, including any copyright registration numbers;
    • a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
    • your full name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
    • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Your statement must be addressed as follows:By Mail: WPG, L.P. 180 East Broad Street, 21st Floor Columbus, Ohio 43215 Attn: General CounselBy Email:

    Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply withrequirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon usactual knowledge of facts or circumstances from which infringing material or acts are evident.

  9. Trademarks. The WPGLP names and logos, all product and service names, all custom graphics, all buttonicons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, aretrademarks (whether registered or not), service marks and/or trade dress of WPG, L.P. (the"WPGLP Marks"). All other trademarks, product names, company names, logos, service marks and/or tradedress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respectiveowners. You are not authorized to display or use the WPGLP Marks in any manner without our prior writtenpermission. You are not authorized to display or use trademarks, product names, company names, logos, servicemarks and/or trade dress of other owners featured within this Site without the prior written permission of suchowners. The use or misuse of the WPGLP Marks or other trademarks, product names, company names, logos,service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expresslyprohibited.
  10. Your Obligations. In consideration of your use of this Site, you agree that to the extent you provide PersonalInformation to WPGLP it will be true, accurate, current, and complete and that you will update all PersonalInformation as necessary. If you submit a leasing application through the Site, you agree that it and anysupporting contents will be true, accurate, current, and complete. You agree to use this Site in a manner consistentwith any and all applicable rules and regulations. You agree not to upload or transmit through this Site anycomputer viruses, trojan horses, malware, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of anyinformation, or any interference with the availability of or access to this Site is strictly prohibited. We reserveall rights and remedies available to us.
  11. Disclaimers. We make no representations or warranties with respect to this siteor its content, or any product or service available on or promoted throughthis site. This site and all of its content (including user-generated content) areprovided on an "as is," "as available" basis, without representations orwarranties of any kind. To the fullest extent permitted by law, wpglp, itsaffiliates, and its service providers and licensors disclaim any and allrepresentations and warranties, whether express, implied, arising by statute,custom, course of dealing, course of performance or in any other way, withrespect to this site, its content, and any products or services available orpromoted through this site. Without limiting the generality of the foregoing,wpglp, its affiliates, and its service providers and licensors disclaim allrepresentations and warranties (a) of title, non-infringement,merchantability and fitness for a particular purpose; (b) relating to thesecurity of this site; (c) that the content of this site is accurate, complete orcurrent; or (d) that this site will operate securely or without interruption orerror.

    We do not represent or warrant that this site, its servers, or any transmissionssent from us or through this site will be free of any harmful components(including viruses).

    Wpglp does not endorse and is not responsible for statements, advice andopinions made by anyone other than authorized wpglp spokespersons. We donot endorse and are not responsible for any statements, advice or opinionscontained in user-generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of wpglp. We donot make any representations or warranties against the possibility ofdeletion, misdelivery or failure to store communications, personalizedsettings, or other data. you accept that our shareholders, owners, officers,directors, employees and other representatives shall have the benefit of thisclause.

    Applicable law may not allow the limitation of certain warranties, so all orpart of this disclaimer of warranties may not apply to you.

  12. Limitation of Liability. To the fullest extent permitted by applicable laws we, onbehalf of our directors, officers, employees, agents, suppliers, licensors andservice providers, exclude and disclaim liability for any losses and expensesof whatever nature and howsoever arising including, without limitation, anydirect, indirect, general, special, punitive, incidental or consequentialdamages; loss of use; loss of data; loss caused by a virus; loss of income orprofit; loss of or damage to property; claims of third parties; or other lossesof any kind or character, even if we have been advised of the possibility of suchdamages or losses, arising out of or in connection with the use of this site. youassume total responsibility for establishing such procedures for data back upand virus checking as you consider necessary. This limitation of liabilityapplies whether the alleged liability is based on contract, tort (includingnegligence), strict liability or any other basis.

    If any part of this limitation on liability is found to be invalid orunenforceable for any reason, then the aggregate liability of the releasedparties for liabilities that otherwise would have been limited shall notexceed ten dollars ($10.00).

    This Site gives you specific legal rights and you may also have other rights which vary from state to state andcountry to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so thelimitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allowlimitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out inthese Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

  13. Links to Third-Party Web Sites. This Site may provide links to other Web sites operated by third parties.Because we have no control over third-party Web sites, we are not responsible for the availability of those Websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or othermaterials on or available from such Web sites. WPGLP shall not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on anycontent, advertising, services, products, or other materials on or available from such Web sites. These Terms ofUse do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms andpolicies of the owner of such Web sites.
  14. Modification and Discontinuation. We reserve the right at any time and from time-to-time to modify, edit,delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or theinformation, materials, products and/or services available through this Site (or any part thereof) with or withoutnotice. You agree that we shall not be liable to you or to any third party for any such modification, editing,deletion, suspension or discontinuance of this Site.
  15. Forward-Looking Statements. This Site may contain certain forward-looking statements within the meaningof Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of1934, as amended. Such statements are based on assumptions and expectations that may not be realized and areinherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future eventsand actual results, financial and otherwise, may differ from the results discussed in the forward-lookingstatements. Risks and other factors that might cause differences, some of which could be material, include, butare not limited to, economic and market conditions, tenant bankruptcies, bankruptcies of joint venture (JV)partners, rejection of leases by tenants in bankruptcy, financing and development risks, construction and lease-up delays, cost overruns, the level and volatility of interest rates, the rate of revenue increases versus expenseincreases, the financial stability of tenants within the retail industry, the failure of WPGLP to make additionalinvestments in regional mall properties and redevelopment of properties, the failure to acquire properties as andwhen anticipated, the failure to fully recover tenant obligations for common area maintenance (CAM) taxes andother property expenses, failure to comply or remain in compliance with covenants in the Company’s debtinstruments, failure or inability to exercise available extension options on debt instruments, failure of WPGLPto qualify as a real estate investment trust, termination of existing JV arrangements, conflicts of interest with theCompany’s existing JV partners, failure to achieve projected returns on development properties, the failure tosell malls and community centers and the failure to sell such properties when anticipated, the failure to achieveestimated sales prices and proceeds from the sale of malls, increases in impairment charges, additionalimpairment charges, as well as other risks listed in our news releases and other public pronouncements,including, but not limited to information published on the Site.
  16. Waiver. Our failure at any time to require performance of any provision of these Terms of Use or toexercise any right provided for herein will not be deemed a waiver of such provision or such right. All waiversmust be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by WPGLPof any breach of any provision of these Terms of Use or of any right provided for herein will be construed as awaiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver ofany right under these Terms of Use.
  17. Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to becontrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of theoriginal provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use willremain in full force and effect.
  18. Governing Law, Jurisdiction and Venue. These Terms of Use will be governed under the laws of theState of Ohio without regard to its conflicts of law provisions. Subject to Section XIX below, all actions orproceedings arising out of or relating to these Terms of Use will have venue exclusively in state or federal courtin Franklin County, Ohio and hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, notwithstanding this Section XVIII and the following Section XIX, we retainthe right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Useis taking place or originating. Regardless of any statute or law to the contrary, any claim or cause of actionarising out of or related to use of this Site or these Terms of Service must be filed within one year after that claimor cause of action arose or be forever barred.
  19. Arbitration. Any claim of damages of any kind by one party against the other party arising out of orrelating to the use of this Site, and any dispute or controversy arising out of or relating to such claim or thebreach, interpretation or validity of these Terms of Use or any provision thereof in relation to such claim, shallbe first addressed by the parties involved in the dispute in good faith direct discussions after written notice bythe claimant to the other party. If the issue is not resolved by direct discussions it shall be determined by bindingarbitration in Columbus, Ohio, before one arbitrator, and shall be governed by the Commercial DisputeResolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAARules”) of the American Arbitration Association (“AAA”), as modified by this Terms of Use, and will beadministered by the AAA. The Award shall be reasoned and in writing. Judgment on the award may be enteredand enforced in any court having jurisdiction. The parties shall bear their own costs, fees and expenses inarbitrating any dispute, and shall share equally the fees and costs of the arbitration and the arbitrator. This clauseshall not preclude the parties from seeking provisional remedies in aid of arbitration. No demand for arbitrationmay be made more than one (1) year after the event giving rise to the claim occurred or when sooner barred bythe applicable statute of limitations or repose. In no event shall any arbitrator have any authority to modify theseTerms of Use, award any types of damages which the parties have waived, released, or agreed not to assert,under these Terms of Use, or award any amount which exceeds any limitations contained in these Terms of Use.The arbitration procedure herein is fully binding, final, and non-appealable, and constitutes the parties’ onlyrecourse for any claim of damages. You understand and agree that, by entering into thisterms of use, you are waiving the right to a trial by jury or to participate in aclass action. You further understand and agree that the proceedings and allinformation disclosed or pertaining to such disputes shall be strictlyconfidential and may not be disclosed by either party except as required bylaw. Notwithstanding the foregoing, wpglp may disclose such information asnecessary to secure, defend, maintain, or improve the site. If any portion of this Section XIX is found to be unenforceable, then the entirety of this Section XIX will be null and void and, in that case,the parties agree that the exclusive jurisdiction and venue described in Section XIX(b) will govern any actionarising out of or related to this Terms of Use.
  20. Indemnity. You agree to indemnify and hold WPGLP, its subsidiaries, and affiliates, and their respectiveofficers, agents, partners and employees, harmless from any loss, liability, claim, or demand, includingreasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation ofthese Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representationsand warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperationand information as we may request.
  21. These Terms of Use May Change. We reserve the right to update or modify these Terms of Use at anytime, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Termsof Use" at the bottom of each page of this Site. These changes will be effective as of the date we post the revisedversion on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutesyour agreement to be bound by the revised Terms of Use. For your convenience, whenever these Terms of Useare changed, we will alert you by posting a notice on our home page. We will also update the "effective date" atthe bottom of these Terms of Use. Your continued use of this Site after we have posted the revised Terms of Useconstitutes your agreement to be bound by the revised Terms of Use. You may access the current version ofthese Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of each page of thisSite.
  22. Entire Agreement. These Terms of Use (together with our Privacy Policy and any click-throughagreements applicable to you) contain the entire understanding and agreement between you and WPGLP withrespect to this Site and supersede all previous communications, negotiations, and agreements, whether oral,written, or electronic, between you and WPGLP with respect to this Site and your use of this Site.
  23. To Contact Us. If you have any questions about these Terms of Use, please contact us by electronic mailat:

    Effective Date of these Terms of Use: January 2019.