Welcome to the Northwoods Mall recurring subscription text program (“Service”), owned and operated by PocketStop.

By using or continuing to use the Service, You, as the user the Service (hereinafter “You” or “Your”), agree to the Terms of Service (“TOS” or “Agreement”) stated herein. Should You not agree to the TOS, You should immediately discontinue using the Service.

Furthermore, You understand and agree that Northwoods Mall reserves the right to change the TOS at any time and for any reason without advance notice to You.

Eligibility and Limitations on Use

You understand and agree that you are at least 18 years of age, and if requested by Northwoods Mall, You will provide verification of age. If You are not at least 18 years of age, You must immediately discontinue using the Service.

You also agree and representing to the Northwoods Mall that You subscriber or authorized user of the mobile telephone number that you provided to Northwoods Mall to subscribe to the Service and that you are authorized to approve any related charges for messaging and data applied by your mobile carrier.

Program Description

You understand the Service is a recurring subscription text message program that includes messages about deals, offers, giveaways, events, and more sent via an automatic telephone dialing system, also called an “automated dialer.” By entering in and submitting your mobile number into a form hosted by Northwoods Mall or texting the designated keyword or code to 444222 from your mobile device, You are hereby providing Your expressed consent to receive the Service’s marketing and advertising text messages generated by an automated dialer from the Northwoods Mall to Your mobile number.

You also understand and agree that: message frequency varies; message and data rates may apply, that neither the Northwoods Mall nor its affiliates, directors, officers, employees, agents, contractors, vendors, service providers, or licensors are or will be liable for delayed or undelivered messages or guarantee the timeless, accuracy, completeness, or receipt of text messages transmitted via the Service. In addition, You understand that text messages are transmitted by telecommunications service providers over whom the Northwoods Mall and its vendors, service providers, and licensors have no control.

Support Issues, Canceling or Unsubscribing

You may cancel your subscription to this Service (“Opt-Out”) at any time. In order to Opt Out, You must send a text message stating to either “STOP,” “END,” “QUIT,” “CANCEL,” or “UNSUBSCRIBE” to 444222 from your mobile phone, and you will be unsubscribed from the Service. Please be aware, however, that You may receive an additional text message confirming your request to Opt-Out, but You will not receive any advertising or marketing text messages until you re-register via a website associated with Northwoods Mall or via your mobile phone by texting in a designated keyword to 444222.

If You are unable, however, to cancel your subscription via the method noted in the preceding paragraph, You may also unsubscribe by contacting the Northwoods Mall via email, U.S. Mail, or telephone.

• To unsubscribe via email: Send an email to website.admin@cblproperties.com. Please include your mobile telephone number and a message requesting to unsubscribe from the Service.
• To unsubscribe via US Mail: Send your request to Attention: Marketing, CBL Center, Suite 500 2030 Northwoods Mall Blvd. Chattanooga, TN 37421. Please include your mobile telephone number and a message requesting to unsubscribe from the Service.
• To unsubscribe via telephone: Please call 423.855.0001

For help or other support issues, you can also text “HELP” to 444222, send an email to info@poctetstop.com.

Termination or Suspension of Service

Northwoods Mall reserves the right, in its sole discretion, to suspend or terminate the Service or mobile texting at any time, in whole or part, for any reason, with or without notice to you.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND NORTHWOODS MALL AND ITS AFFILIATES, CONTRACTORS, VENDORS, SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER. IN ADDITION, NORTHWOODS MALL AND ITS AFFILATES, CONTRACTORS, VENDORS, SERVICE PROVIDERS, AND LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NORTHWOODS MALL AND ITS AFFILATES, CONTRACTORS, VENDORS, SERVICE PROVIDERS, AND LICENSORS MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NORTHWOODS MALL AND ANY OF ITS AFFILIATES, PARENT, SUBSIDARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, CONSULTANTS, VENDORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, AND THE SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “NORTHWOODS MALL- RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, COSTS, EXPENSES, OR DAMAGES OF ANY KIND BASED ON ANY ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT, THE TERMS HEREIN, OR YOUR RELATIONSHIP WITH NORTHWOODS MALL, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT WILL NORTHWOODS MALL-RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.

Jurisdiction and Venue

The Service and Northwoods Mall’s relationship with you are governed by the laws of Tennessee, without regard to its conflicts of law principles and venue for any suit or dispute regarding the Service shall be brought in the State and Federal courts sitting in Chattanooga, Tennessee.

Miscellaneous

You understand, acknowledge, and agree that this Agreement, along with any Northwoods Mall policies that apply to the Service, including but not limited to Northwoods Mall’s Privacy Policy, constitute the entire agreement between You and Northwoods Mall regarding mobile texting and supersede any prior agreement, discussions, proposals or written statements. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.

*Revised 5/7/2021