TERMS

Terms And Conditions

Last Updated: August 13, 2021

Your use of the web sites, services, and apps on which these terms reside (collectively, the “Platform”), the Services (as hereafter defined) and the features at this Platform are subject to these terms of use (“Terms”). Please read these Terms carefully before using this Platform or participating in or using any Services. The Platform is owned or controlled by one, several or all of Brookfield Properties, Brookfield Properties (USA II) LLC, Brookfield Property Partners, Brookfield Properties Retail Inc., Brookfield Property REIT Inc., Brookfield Residential Properties Inc., and Brookfield Properties Development LLC and/or their respective parents, affiliates and subsidiaries (herein collectively, “Brookfield Properties”). The Platform and the Services are intended for use by those who are the age of majority or older in their jurisdiction of residence. TO THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THIS PLATFORM IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS PLATFORM, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO BROOKFIELD PROPERTIES AND/OR PARTICIPATING IN OR USING ANY SERVICES, YOU AGREE TO COMPLY WITH APPLICABLE LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF NEW YORK LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).

From time to time, and at any time, Brookfield Properties may update this Platform, the Services, and all or any portion of these Terms. Your use of this Platform or the Services after Brookfield Properties posts any changes to these Terms constitutes your agreement to those changes from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

Unless otherwise prohibited by applicable law, Brookfield Properties may, in its sole discretion, and at any time, discontinue this Platform or any part thereof and any of the Services, with or without notice, or may prevent your use of this Platform and/or any of the Services with or without notice to you. You agree that you do not have any rights in this Platform and that Brookfield Properties will have no liability to you if this Platform and/or any of the Services are discontinued or your ability to access the Platform, the Services, or any content you may have posted on the Platform is terminated. In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time. This may include promotions, sweepstakes/contests, and loyalty and rewards programs, as well as return policies for certain transactions. In the event of a conflict between such more specific terms and conditions applicable to such services and these Terms, the more specific terms and conditions shall control solely to the extent of such conflict solely in connection with such services.

Binding Arbitration

You and Brookfield Properties agree that any controversy or claim (except for any claim of infringement or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to (a) these Terms, (b) the Platform or the use of the Platform, (c) any Services and/or the use thereof or participation therein, and/or (d) any Brookfield Properties privacy policy, and/or the breach or alleged breach of any of the foregoing, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator. You can access the Commercial Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and Brookfield Properties shall endeavor to agree upon the arbitrator, and if you and Brookfield Properties fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, YOU ARE WAIVING ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS OR REPRESENTATIVE ARBITRATION, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM OR PARTICIPATE IN OR USE ANY SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

This “Binding Arbitration” Section applies to the fullest extent permitted by the applicable law, and does not apply to individual residents in Australia.

Brookfield Properties Content

Content on this Platform or through the Services that is provided by Brookfield Properties or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, articles, data, code, videos and the compilation of the foregoing (“Brookfield Properties Content”) is the property of Brookfield Properties and its licensors, and is protected in the United States, Canada and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display, reproduce or use any Brookfield Properties Content located for use in any publications, in public performances, on websites other than this Platform for any commercial purpose, in connection with products or services that are not those of Brookfield Properties, in any other manner that is likely to cause confusion, that disparages or discredits Brookfield Properties and/or its licensors, that dilutes the strength of Brookfield Properties’ or its licensor’s property, or that otherwise infringes Brookfield Properties’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Brookfield Properties Content or third party content that appears on this Platform.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the Copyright Infringement Notification Section and follow the instructions there.

Use of the Platform and Services and Posting and Linking Policies

The following requirements apply to your use of the Platform and Services, including any submission of written posts or other materials provided by you (“User Content”): (a) you will not use any electronic communication feature of the Platform or Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful or in violation of these Terms or any other rules (e.g., promotional rules) Brookfield Properties may provide you from time to time; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal information about other users or any other third party; (d) you will not use the Platform or Services for any commercial purpose not expressly approved by Brookfield Properties in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, including but not limited to interference with the services or servers or networks connected to the Wi-Fi; and (g) you will not use the Platform of Services for fraudulent purposes.

Subject to these Terms, you further understand and agree that you have no ownership rights in or to any account you may have with Brookfield Properties, or other access to the Platform or features therein or any Service. Brookfield Properties may suspend, cancel your account and delete all User Content associated with your account at any time, and without notice, if Brookfield Properties determines that you have violated these Terms or a relevant law, or for any other reason. Brookfield Properties assumes no liability for any information removed from the Platform or Services, and reserves the right to permanently restrict access to the Platform, any Service, or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Brookfield Properties a non-exclusive, sub-licensable, worldwide, fully-paid, perpetual and irrevocable, and royalty free license to use, modify, publicly perform, publicly display, remove, delete, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. In addition, you waive all moral rights in and to all User Content that you display, publish, or otherwise post on or through the Platform in favor of Brookfield Properties. You continue to retain all of your ownership rights in your User Content, and you continue to have any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Brookfield Properties’ use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Brookfield Properties, its parents, subsidiaries, and their respective affiliates, officers, directors, employees, shopping center owners, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your use of the Platform and/or the Services, your violation of these Terms, including the posting policy above, or which arise from the use of User Content you submitted, posted, or otherwise provided to Brookfield Properties or this Platform.

The use of the Platform on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation administrative messages, service announcements, diagnostic data reports, and Platform updates, from Brookfield Properties, your wireless service provider or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

Some functionality of the Platform, including location based services and functionality and access to the user’s address book and photo library may require the transmission of information provided by the user, including, without limitation, names, user names and passwords, addresses, email addresses, photos, financial information (such as credit card numbers), and/or precise location. By using the Platform, the user consents to the transmission of such information to Brookfield Properties and/or its agents and authorizes Brookfield Properties and/or its agents to record, process, and store such user information including for purposes described in the Brookfield Properties Privacy Policy.

Brookfield Properties may make available for download certain Platform updates or upgrades to the Platform to update, enhance, modify, or further develop the Platform (“Platform Updates”). Brookfield Properties may, at its discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any additional costs associated with receiving them. The Platform and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform and Platform Updates. These laws include restrictions on destinations, end users, and end use.

COPYRIGHT INFRINGEMENT NOTIFICATION

Brookfield Properties is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Brookfield Properties will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

If you are an intellectual property rights holder and believe your rights have been infringed, please read the following: Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Platform in the manner described below:

By Mail: Attn: DMCA

250 Vesey Street, 15th Floor

New York, NY 10281

212 417 7000

By Email: DMCA@Brookfieldproperties.com

Phone: (855) 834-8394

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

B. Identification of the copyrighted work claimed to have been infringed;

C. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Brookfield Properties to locate the material;

D. Information reasonably sufficient to permit Brookfield Properties to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.

Accounts, Passwords, and Security

Certain areas of the Platform and certain Services require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or Service, or any features at all.

If the Platform or any Service requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Brookfield Properties immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform or any Service. Brookfield Properties is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately. Brookfield Properties is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

Disclaimer, Representations, and Limitations of Liability

BROOKFIELD PROPERTIES MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS PLATFORM, THE BROOKFIELD PROPERTIES CONTENT, USER CONTENT, OR ANY OTHER PLATFORM FEATURE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE.

THE MATERIALS AND INFORMATION ON THE PLATFORM AND/OR PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INVESTMENT, PROFESSIONAL, LEGAL OR OTHER ADVICE OR AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY OR AN INVITATION OR INDUCEMENT OF ANY SORT TO ANY PERSON. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIALS, SYSTEMS OR INFORMATION WILL BE AT YOUR OWN RISK, INCLUDING ANY RELIANCE ON THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS OR APPROPRIATENESS OF THE PLATFORMS OR ITS CONTENT. NONE OF THE CONTENT ON THE PLATFORMS IS AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY SECURITIES OF ANY BROOKFIELD PROPERTIES AFFILIATE OR ANY OTHER COMPANY. NEITHER BROOKFIELD PROPERTIES, NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS MAKE OR HAS MADE ANY RECOMMENDATIONS REGARDING THE SECURITIES OR INVESTMENT SERVICES OF ANY PERSON OR ENTITY WITH RESPECT TO THE CONTENT ON THE PLATFORM, OR OF THE ADVISABILITY OF INVESTING IN SECURITIES GENERALLY FOR ANY PARTICULAR INDIVIDUAL. BROOKFIELD PROPERTIES MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY BROOKFIELD PROPERTIES CONTENT OR USER CONTENT WILL BE PRESERVED.

Any part of Brookfield Properties may have or have had an interest or holding, relationship or other arrangement with the transactions, financial or investment products, securities, and other services discussed on or accessible through the Platform, which may be material. Potential investors should refer to the applicable offering documents for information about such products or services and in particular, the potential conflicts of interest discussed therein.

Brookfield Properties does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Brookfield Properties without the prior review and written approval of Brookfield Properties.

The Internet may be subject to breaches of security. Brookfield Properties is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Brookfield Properties any information or posting information to the Platform. Brookfield Properties makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THESE TERMS, AND DO NOT APPLY WITH RESPECT TO THE SERVICES AND THE PLATFORM AND ANY INFORMATION OR SOFTWARE CONTAINED THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BROOKFIELD PROPERTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM OR ANY SERVICE. NOR SHALL BROOKFIELD PROPERTIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BROOKFIELD PROPERTIES’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BROOKFIELD PROPERTIES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, OR THE PARTICIPATION IN OR USE OF, OR INABILITY TO PARTICIPATE IN OR USE, ANY SERVICE, EVEN IF BROOKFIELD PROPERTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION OF DAMAGES MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF BROOKFIELD PROPERTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

FOR AUSTRALIAN RESIDENTS: Notwithstanding the terms under this Section, Australian residents may have rights and protections in respect of goods or services supplied in connection with these Terms under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced. In this respect, nothing in this Section or these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on Australian residents by the Australian Consumer Law or any other applicable Australian law, that cannot be excluded, restricted or modified by agreement (“Non-Excludable Obligation”).

Third Party Websites, Applications, and Services

This Platform may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). Third-Party Services are not maintained by or related to Brookfield Properties. Hyperlinks are provided as a convenience to users and are not sponsored by or affiliated with this Platform or Brookfield Properties, and Brookfield Properties makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. Brookfield Properties is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and Brookfield Properties has no control over how information through a Third-Party Service is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Brookfield Properties is not responsible for these companies, or their use of any of the information you submit through a Third-Party Service. Your use of the Third-Party Services is at your own risk.

Securities, Forward-looking Information and Statements, Investor Relations Information

Certain information contained on the Platform may constitute “forward-looking statements” as defined in applicable securities laws. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, and include statements regarding Brookfield Properties’ competitive strengths, goals, expansion, growth, future success, operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies, and outlook. Words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan” and “believe” are intended to identify forward-looking statements. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of Brookfield Properties to differ materially. Except as required by law, Brookfield Properties undertakes no obligation to update or revise statement or information on the Platform. Any transactions described on the Platform as having been engaged in by Brookfield Properties are included as representative transactions for illustrative purposes only. Past performance is not indicative of future results. No assurance or representation is made that comparable results or any target returns disclosed on the Platform will be achieved. Any information posted to an “Investor Relations” section of the Platform may be superseded by subsequent disclosures made by Brookfield Properties.

Additional Terms and Conditions for Brookfield Properties Platforms and Services

Brookfield Properties engages in several marketing programs and offers a variety of services and interactive programs, such as surveys, email and text programs, parking related services, sweepstakes, contests, promotions, collaborations, in-mall navigation, and other programs (collectively, “Services”). In addition to the terms set forth in these Terms, the following additional terms and conditions apply to the Services as indicated below:

SMS/TEXT MESSAGE MARKETING PROGRAMS: By agreeing to receive text messages from Brookfield Properties, you are agreeing to receive automated and/or autodialed messages from and on behalf of Brookfield Properties to the phone number you provided. Consent to receive text messages is not a requirement or a condition of any purchase. You understand and agree that by checking the box or taking any other action to sign up to receive text messages, you are providing your digital signature. Message and data rates may apply to each text message sent or received in connection with Brookfield Properties text messages, in addition to any applicable roaming charges. Not all carriers are covered and supported carriers may change from time to time. Brookfield Properties does not guarantee availability or performance of the text message service and you understand that transmission delays and message failures may occur. To stop receiving text messages, text STOP to the phone number from which you received the text message. You will receive a text confirming your opt-out. To request additional information or to get help, text HELP to the phone number from which you received the text message. You represent that you are the account holder for the telephone number(s) that you provide. You are responsible for notifying Brookfield Properties immediately if you change your mobile telephone number. You agree to indemnify Brookfield Properties for any claims, expenses, and/or damages to the extent caused by your failure to notify Brookfield Properties if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act or the Australian Do Not Call Register Act 2006 (Cth). Brookfield Properties may suspend or terminate your receipt of Brookfield Properties text messages at any time. Brookfield Properties reserves the right to modify or discontinue, temporarily or permanently, all or any part of Brookfield Properties text message services, with or without notice.

SURVEY PROGRAM: By electing to receive Brookfield Properties surveys or by providing your contact information in a survey, you have agreed to allow us to contact you. Brookfield Properties’ surveys and communications may be sent by Brookfield Properties, or a third-party vendor that Brookfield Properties has hired. To opt-out of receiving communications relating to such surveys, please follow the applicable instructions in the communication to you concerning the survey program.

NAVIGATION SERVICES: Brookfield Properties may provide store locations and directions to navigate certain properties (“Directional Services”); this information may be incomplete or inaccurate and store locations may change. By using the Directional Services, you assume the risk and agree to be responsible, at all times, for actions and the consequences resulting from your actions in connection with the Directional Services.

WI-FI TERMS OF USE: In addition to the terms set forth in these Terms, the below additional terms apply to the Wi-Fi services made available to you at certain Brookfield Properties’ properties:

Access Limitations. Brookfield Properties’ Wi-Fi services are not offered with the intent to allow unlimited, unrestricted access to the Internet and there is no guarantee of service. Brookfield Properties may, at Brookfield Properties’ sole discretion, restrict access to certain sites and prohibit certain communications from, or received by, users of the Wi-Fi service. Additionally, Brookfield Properties’ may impose a limitation on the amount of time users may access the Wi-Fi service.

Assumption of All Risks of Use. You acknowledge and agree: that Brookfield Properties’ Wi-Fi service is not secure, that Brookfield Properties has no responsibility to secure the Wi-Fi service, and that your use of the Brookfield Properties Wi-Fi service is at your own risk. As such, you should not transmit any credit card information, passwords or any other sensitive personal information while using the Wi-Fi service. You are strongly encouraged to provide virus and firewall protection for any device used to access any wireless network, as anti-virus and security protection are your sole responsibility.

User’s Acknowledgments/Authorized Use. By using any Brookfield Properties’ wireless network, you are agreeing and acknowledging you have read and accepted these Terms, and that you are authorized to use the Wi-Fi service. You agree to only use the Brookfield Properties’ Wi-Fi service while you are a guest of a Brookfield Properties’ property and that such use is subject to these Terms. You agree that you are responsible for your activities while using the Wi-Fi service including for any content, information and other materials you access or transmit via the Wi-Fi service. You acknowledge: i) the use of this wireless network may not be uninterrupted or error-free; ii) use of this wireless network may expose you or your device to security risks and that Brookfield Properties does not guarantee the security of this wireless network; and iii) your use of the Brookfield Properties Wi-Fi service is solely for your personal, non-commercial, lawful use. You further agree not to: (i) engage in any activity via the Brookfield Properties Wi-Fi service that is in violation of any applicable laws, rules, or regulations; (ii) engage in any conduct that interferes with the operation of, use of, or enjoyment of, any service, system or use of the applicable Brookfield Properties’ property; (iii) engage in any interference or interception of communications; (iv) violate the security or integrity of, or gain unauthorized access to the Wi-Fi service, or any other service, system or communication; (v) impose unreasonable or disproportionately large loads on any system or infrastructure; (vi) commit fraud or send spam, chain letters, or other unsolicited communications to any party; (vii) create a “mail drop” for such communications, or engage or permit e-mail relay services; (viii) spoof or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (ix) harass or threaten any party or encourage violence; (x) engage in conduct that exposes Brookfield Properties or its service providers to civil or criminal liability; or (xi) send or receive any material that could be considered harmful, or otherwise objectionable or could give rise to any civil or criminal liability under the law. By using any Brookfield Properties wireless network, you agree that Brookfield Properties may collect information pertaining to the device used to access the network, the information you provide at registration, and the information associated with your use of the network. Brookfield Properties and its agents may collect information from any Wi-F enabled device that is turned on and set to seek available wireless networks in contact with the Brookfield Properties’ network (regardless of whether or not the device successfully connects and/or authenticates onto the network); data collected may include, without limitation, MAC address, date/time stamp, wireless access point/VLAN location (which can be associated with an actual physical location), device operating system, radio channel, and radio signal strength.

Additional Terms Applicable to Third Party Providers

The following additional terms and conditions are applicable with respect to your use of a third party platform to access and download the Platform or any subsequent updates thereto, such as Apple, Inc., Amazon.com, Inc., Google, Inc., or any other similar third party “app store” or platform (each a “Provider”):

1. You acknowledge and agree that (A) these Terms are binding between you and Brookfield Properties only, and the Providers are not a party to these Terms, and (B) as between Brookfield and such Provider, it is Brookfield Properties that is responsible for the mobile application and the content thereof. You must use the Provider’s mobile application only on such Provider-branded product that runs the third party platform. Your use of the mobile application must comply with the terms of use applicable to the Provider source from which you obtain it. You acknowledge that the Provider has no obligation to furnish you with any maintenance and support services with respect to the mobile application.

2. You acknowledge that the Provider is not responsible for addressing any claims you have or any claims of any third party relating to the mobile application or your possession and use of the mobile application, including, but not limited to: (A) product warranty or liability claims; (B) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; (C) claims arising under consumer protection or similar legislation; or (D) claims that the mobile application infringes a third party’s intellectual property rights, such that you will not hold such Provider responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

3. In the event of any failure of the Provider version of the mobile application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify such Provider, and such Provider will refund the purchase price for the mobile application (if any) to you; to the maximum extent permitted by applicable law, such Provider will have no other warranty obligation whatsoever with respect to the mobile application, and, as between such Provider and Brookfield Properties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Brookfield Properties’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Brookfield Properties’ liability in this regard.

4. The Providers are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, such Providers will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

Miscellaneous

Both you and Brookfield Properties acknowledge and agree that no partnership, joint venture or agency is formed and neither of you nor Brookfield Properties has the power or the authority to obligate or bind the other.

For users who are not in Australia, these Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles (provided that the US Federal Arbitration Act shall govern the enforceability, interpretation, and effect of the terms set forth in the mandatory arbitration provision above). Except as otherwise provided herein, by using this Platform and/or using or participating in any Service, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts located in New York, New York, except as to any matters subject to the mandatory arbitration provision above. For users located in Australia, these Terms will be governed by and construed in accordance with the laws of New South Wales without regard to conflicts of laws principles.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM, ANY SERVICE, AND/OR THESE TERMS, WILL BE RESOLVED WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

You agree, to the extent permissible by law, that any claim or cause of action arising of your use of the Platform or any Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

On certain areas of the Platform, you may be given the ability to provide us with personal information. The use of information you have provided to Brookfield Properties, or that Brookfield Properties have collected and retained relating to your use of the Platform and/or any Service, is governed by our Privacy Policy. By using the Platform or participating in or using any Service, you acknowledge you have read and understood the Brookfield Properties Privacy Policy. Please read the Privacy Policy for more information about Brookfield Properties’ information collection and use practices. To view Brookfield Properties’ Privacy Policy, click here .

The failure of Brookfield Properties to comply with these Terms because of an act of God, pandemics/epidemics, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of Brookfield Properties, shall not be deemed a breach of these Terms.

Brookfield Properties may refer potential violations of law(s) or regulation(s) to authorities or other persons or entities that it deems appropriate, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public and/or Brookfield Properties’ safety or rights are implicated. Brookfield Properties assumes no obligation to inform you that your information has been disclosed to any law enforcement or government agency or authority. If Brookfield Properties fails to act with respect to your breach or anyone else’s breach on any occasion, Brookfield Properties is not waiving its right to act with respect to future or similar breaches.

Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Brookfield Properties may translate these Terms into other languages; any inconsistences among the different versions will be resolved in favor of the English version.

These Terms constitute a binding agreement between you and Brookfield Properties, accepted by you upon your use of the Platform or participation in, or use of, any Service. Except as otherwise indicated in this Terms, these Terms constitute the entire agreement between you and Brookfield Properties regarding the use of the Platform and/or any Service. By using the Platform you represent that you are capable of entering into a binding agreement.

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