VISITOR AGREEMENT

This visitor agreement is a binding legal contract between you and us. Please read this visitor agreement; by using this website, you accept its terms. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use this website after we post any such changes, you accept this agreement, as modified.

We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.

PRIVACY

We respect the privacy of the users of our website. Please take a moment to review our privacy policy.

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through this website. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our website and to tell them how to find it.

Links.
We welcome links to our website. You are free to establish a hypertext link to this website so long as the link does not state or imply any sponsorship of your site by us.

No Framing.
Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.

DISCLAIMERS
Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our website, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

No Endorsements.
We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).

No Warranties.
THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability.
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this website through which you can directly interact with others, such as chat rooms and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services. By using any such Communications Services, you agree (1) not to post or transmit any libelous, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes the rights of others or interferes with the ability of others to enjoy this website, (2) that you will not gather for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas, and (3) you will not upload, post, email, transmit or otherwise make available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment.

If we offer Communications Services on this website and you submit any materials to any public posting areas of this website, such as message boards, you agree that we (including our partners, agents, affiliates and service providers (collectively the "Providers")) may reproduce, modify and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. In addition, if we offer Communications Services on this website, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Indemnity.
You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any Communications Services available through this website.

MISCELLANEOUS
Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 13 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive.

Forward-Looking Statements.
This website may contain "forward-looking statements" for purposes of the securities laws of the United States. These statements are based on current expectations and are not guarantees of future performance. Forward-looking statements, which can be identified by the use of forward-looking terminology such as "may," "will," "should," "expect," "anticipate," "estimate" or "continue", or the negative thereof, or other variations thereon, or other comparable terminology, are subject to risks, trends, and uncertainties that could cause actual results to differ materially from those projected. Among those risks, trends, and uncertainties are the general economic climate; the supply of and demand for retail properties; interest rate levels; the availability of financing; and other risks associated with the development, acquisition, and operation of retail properties, including risks to lease available space to tenants at favorable rental rates, that tenants will not take occupancy or pay rent in accordance with their leases, or that development or operating costs may be greater than anticipated, as well as those risks described in our annual report on Form 10-K for the year ended December 31, 2003 filed with the Securities and Exchange Commission.

Jurisdiction.
This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Virginia. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Alexandria, Virginia for all disputes arising out of or relating to this agreement or this website.

PRIVACY POLICY
We respect the privacy of visitors to our site. This Privacy Policy governs the use and collection of information from you by The Mills Corporation ("we" or "us") through your use of this site. This Privacy Policy does not apply to any information you may provide to us through other means; for example, at a live event, via mail, or via telephone. Please read this Privacy Policy carefully so that you understand our online privacy practices. By visiting this site, you agree that your visit, and any dispute over our online privacy practices, is governed by this Privacy Policy and our Visitor Agreement.

CHILDREN'S PRIVACY
Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. We won't knowingly allow anyone under 13 to register with our site or to provide any other personally identifying information. If you’re under 13, please do not provide us with any personally identifying information about yourself (such as your name, your email address or your phone number).

TYPES OF INFORMATION WE COLLECT
The information we gather falls into two categories: (1) information (for example, your name and address) that you voluntarily supply when you register or initiate transactions, and (2) information gathered on usage patterns and preferences as visitors navigate through our site, use our services such as obtaining gift certificates, or read our email newsletters. In some cases, it is an agent or affiliate of ours that collects the information on our behalf. Third party providers featured on or linked to by our site, such as vendors of products and services offered through our site, may be gathering the same kinds of information.

Registration Information.
To make use of certain features on our site (such as to receive email newsletters) visitors need to register and to provide certain information as part of the registration process. We may also ask for information from those who buy products or services or conduct other transactions on our site. The information you supply will help us to offer you more personalized features, to tailor our site to your interests, and to process e-commerce transactions that may be made available on our site.
The more you tell us about yourself, the more value we can offer you. Supplying such information is entirely voluntary. But if you don't supply the information we need, we may be unable to provide you with services we make available to other visitors to our site. For example, we can't send you our email newsletters if you don't give us your email address.

Cookies.
To help make our sites more responsive to the needs of our visitors, we use a standard feature of browser software, called a "cookie," to assign each visitor a unique, random number that resides on your computer. The cookie doesn't actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), we won't know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie can't read unrelated data off your hard drive. Our advertisers and the third parties that provide products or services through our site may also assign their own cookies to your browser, a process that we don't control.

We use cookies to help us tailor our site to your needs, to deliver a better, more personalized service. For example, we may use cookies to avoid showing you the same ad, repeatedly, during a single visit. In addition, we may use cookies to track the pages on our site visited by our users. We can build a better site if we know which pages our users are visiting and how often. Of course, you can set your browser not to accept cookies, but if you do, you may not be able to take advantage of the personalized features enjoyed by other visitors to our site.

Other Methods of Collecting Information.
Our web pages may contain electronic images (called "single-pixel GIFs" or "web beacons") that allow us and our vendors to count users who have visited particular pages or to access certain cookies. We may use these tools and other technologies to recognize which pages users visit, and which links they click on. These features may also be included in our email newsletters so that we can learn which messages have been opened and acted upon. We may also be able to verify your online purchases from us or from third party sites that have agreed to share such information with us.

Browser Level Information and IP Addresses.
Our web servers may automatically collect limited information about your computer configuration when you visit our site, including the type of browser software you use, the operating system you're running, the resolution of your computer monitor, the website that referred you, and your IP address. (Your IP address is a numerical address that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you want to view) can be transmitted to you. We may also use IP address information for systems administration and trouble shooting purposes. Your IP address does not tell us who you are.) We may use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, and to measure traffic within our site.

DISCLOSURE OF INFORMATION
Advertisers.
Without your permission, we will not share the personally-identifiable information you provide when registering on our site with advertisers. We may, however, take the information you provide and aggregate it with data from all the other people that use this site and associated services. Then we will use that pool of information to inform advertisers about our audience without identifying you personally.

Vendors and Service Providers.
To make our site more valuable to our visitors, we may offer some features in conjunction with other providers ("Provider Partners"). Our email newsletters and gift certificate purchasing services, for example, may be made available through cooperative arrangements with providers that specialize in operating such services. In some instances, our Provider Partners will have the same access to your information as we do. Their use of the information will be subject to the terms of their respective privacy policies, which you can find on their websites.

Our Affiliates.
We may share the information that we collect from you with any wholly or majority-owned subsidiary so that we and they can provide you with products and services provided by these entities that we believe may be of interest to you.
Statistical Information.

Much of the information we collect is in the form of aggregated statistics, such as the traffic that visits various pages within our sites, and the habits and preferences of our audience. Such aggregated information does not include any information that would identify you personally. We may use such aggregated information and disclose it to third parties as we see fit.
Sites to which we link.

Our site includes links to other websites, and provides access to products and services offered by third parties, whose privacy policies we don't control. When you access another site or purchase products or services or conduct other transactions through our site, use of any information you provide is governed by the privacy policy of the operator of the site you're visiting or the provider of such products or services, even if it appears that you’re on Mills-branded pages.

Other Disclosures.
We may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, the public, our customers, or our company and its employees, agents, partners and affiliates. As our business grows, we may buy or sell various assets. In the unlikely event that our company, or the bulk of our assets relating to this site, is acquired by another company, information on our visitors would be among the transferred assets.

CHANGES TO THIS PRIVACY POLICY
A final note: The Web is an evolving medium. If we need to change our privacy policy at some point in the future, we'll post the changes before they take effect