Terms of Use

These Terms of Use (“Terms of Use”) describe the terms and conditions under which users may access, interact with, and otherwise use the website located at m.simon.com (herein referred to as the "Website") which is owned and operated by Simon Property Group, L.P. and its affiliates and subsidiaries (collectively, “Simon”).

Please read these Terms of Use carefully. These Terms of Use also include Simon’s Privacy Policy which is incorporated into, and made a part of, these Terms of Use. As used herein, the words "user," "you" and "your" mean users of the Website and the words "we" and "our" means Simon. These Terms of Use constitute a binding legal agreement between you and Simon and, by accessing and using the Website, you accept, without limitation or qualification, these Terms of Use and Privacy Policy. If you do not accept and agree to these Terms of Use and Privacy Policy, do not use the Website or any of the services provided herein. Simon reserves the right to modify these Terms of Use and Privacy Policy by posting new versions as well as the right to provide additional notice of significant changes. IF YOU DO NOT AGREE WITH THE TERMS OF USE AND PRIVACY POLICY, INCLUDING CHANGES THERETO, OR ANY GUIDELINES OR RULES POSTED ON THE WEBSITE, THEN DO NOT USE THE WEBSITE.

Acceptance" of Terms

Your access to and use of the Website is subject to your compliance with these Terms of Use and all applicable laws. Without limiting anything set out elsewhere in these Terms of Use, your continued use of the Website is contingent upon your checking for any updates to the Terms of Use and Privacy Policy and your agreement to be bound by any such revisions. You can view the most current version of the Terms of Use at any time by clicking on the Terms of Use link at the bottom of this Website. Your continued right to access and use the Website will terminate immediately, without any further action by Simon, if you breach these Terms of Use.

Content and Communications

(a) Although the primary purpose of the Website is to provide useful and accurate information about the various shopping, community and lifestyle centers owned, operated and/or managed by Simon (collectively, the “Simon Malls”), the Website may contain inaccuracies or typographical errors. To the extent that content has been provided by third parties (e.g., merchants and retailers), and includes sales, offers, coupons, giveaways, advertisements, promotions, pricing or similar information over which Simon has no control, you must do your own due diligence and exercise your best judgment in accessing, using and/or relying on any such third party content. Simon has no responsibility for the terms of any third party offer, sale, purchase or other transaction and the use, posting, distribution, or publication of content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Simon nor is it an assurance of legality, quality or safety by Simon. Because prices and details of offers, promotions, specials and sales may significantly vary from the information posted on the Website, you should call or visit the applicable merchant’s website in advance to confirm. Excluding Simon Giftcards® and retailer gift cards, any goods or services purchased by you are purchased directly from the applicable merchant and, as between Simon and the merchant, the merchant is solely responsible to you for every aspect of such purchase.

(b) Each user is solely responsible for the communications medium used by such user in community interactions. Simon reserves the right to expel users and prevent further access to the Website for violating these Terms of Use or applicable law. Parents and guardians are solely responsible for use of the Website by children under the age of eighteen (or the age of majority in the state in which such children reside). Minors should not use the Website without actual parental supervision.

(c) Although Simon is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website, or any element or component thereof, you acknowledge and agree that Simon has the right to monitor the Website in its sole discretion, and, notwithstanding anything to the contrary contained in the Privacy Policy, to disclose information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or other users.

(d) If Simon is notified of communications or content that allegedly violates these Terms of Use and/or any applicable law, rule or regulation, it may investigate the allegation and determine in its sole discretion whether to remove, or request the removal of, the content or to terminate the use of the Website by the user who posted such content, but has no liability or responsibility to users for performance or nonperformance of such activities. Without limiting anything set out elsewhere in these Terms of Use, if a user views content or receives communications allegedly inconsistent with these Terms of Use, an e-mail may be sent to customercare@simon.com stating, in reasonable detail, the observed behavior. Following receipt of such correspondence, Simon, will make a decision in its sole discretion, regarding the appropriate action to take, if any, to address the concern set out in such email. Any action or inaction by Simon does not imply or impose any responsibility or liability on Simon for the form, intent, or accuracy of the original or any subsequent content posted by, or communications between, users of the Website.

Copyright and Other Restrictions On Use of the Website

(a)Authorization of Use and General Prohibited Uses.

(i) Simon authorizes you to view and download a single copy of content on the Website, including content provided by RSS feed, Atom feed, REST-based web service XML feed or other web feed, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in these Terms of Use, including, without limitation, the requirement that you maintain all copyright and other proprietary notices contained in the Material (as defined below). The Website shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that (1) violates these Terms of Use; (2) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (3) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or (4) violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations. You agree that you will not use any robot, spider or other automated device, process, or means to access the Website.

(ii) You acknowledge and agree that Simon specifically prohibits, and by your use of the Website, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Materials; any action that imposes an unreasonable or disproportionately large load on the Website infrastructure; the use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or the use of any directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree that you will not (A) use any manual process to monitor or copy the Material or for any other unauthorized purpose without Simon’s prior express written permission; and/or (B) use the Website to intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.

(iii) You may not copy, use, download, modify, frame, publish, download, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, rearrange, redistribute, alter, adapt, crop, resize, move, remove, delete or in any way exploit or make commercial use of, any of the Material, in whole or in part, directly or indirectly, without the prior written consent of Simon and/or the owner thereof, except as expressly permitted in these Terms of Use or under applicable law. If permission is granted by Simon and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. The use of the Material on any other website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of Simon, is prohibited. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Website.

(b)Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of text, graphics, images and other materials, and the hypertext markup language (HTML), Cascading Style Sheets (CSS), scripts (JS), active server pages (ASP and ASPX), content provided by a RSS feed, Atom feed, web service feed or other web feed or other content or software used in or provided through the Website (the "Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.

(i) Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe in good faith that any material on the Website infringes your copyright, you (or your agent) may send Simon’s Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") a written notice requesting that Simon remove or block access to the infringing material. Your notice to Simon must include the following information:

(1) An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work or other intellectual property that you claim has been infringed upon;

(3) A description of where the material that you claim is infringing is located on the Website with sufficient detail (including applicable URL if possible) that Simon may find it on the Website;

(4) Your address, telephone number, and e-mail address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(6) Information, if possible, sufficient to permit Simon to notify the owner/administrator of the allegedly infringing content; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send Simon a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright.

Notices and counter-notices should be sent to our Agent:

By mail:
Laura Hale
Simon Property Group
Digital Marketing Group – 10th Floor
225 West Washington Street
Indianapolis, IN 46204 USA

By e-mail:
lahale@simon.com

PLEASE NOTE THAT, DUE TO SECURITY CONCERNS, ATTACHMENTS CANNOT BE ACCEPTED. ACCORDINGLY, ANY NOTIFICATION OF INFRINGEMENT SUBMITTED ELECTRONICALLY WITH AN ATTACHMENT WILL NOT BE RECEIVED OR PROCESSED.

(c) Trademark. The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by Simon and others. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.

Security

From time to time, Simon may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as Simon may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other violation of these Terms of Use, Simon may, in its sole discretion, declare you to be in breach of these Terms of Use, suspend, block and/or terminate your use of the Website, and/or seek prosecution to the fullest extent of the law.

Disclaimer of Liability

(a) The Website and the Material are provided on an 'as is' basis without any warranties of any kind. To the fullest extent permitted by law, Simon disclaims all warranties, including the warranty of merchantability, non- infringement of third party rights, and the warranty of fitness for a particular purpose, and makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Website and/or the Material. For the avoidance of doubt, Simon makes no representation or warranty that: (i) the Website will meet your requirements, or that its operation will be uninterrupted, available, timely, secure or error-free; (ii) the quality of the Material will meet your expectations; (iii) any errors in the Website will be corrected; or (iv) any of the Material is appropriate or may be downloaded outside of the United States. If your use of the Website or the Material results in the need for service to, or replacement of, equipment or data, Simon is neither responsible nor liable for those costs. Your use and browsing of, and any reliance by you upon, the Website are at your own risk. If you are dissatisfied with the Website or any Material, or with any of the terms and conditions of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website.

(b) Links to third party websites contained in the Website are provided solely as a convenience to you and not as an endorsement by Simon of the content on such third party websites. Simon has no control over such third party websites, does not endorse such third party websites and assumes no responsibility for any content or materials on, or available from, such websites. Your rights and obligations with respect to any such third party websites are set forth therein.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SIMON, ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SIMON OR ANY THIRD PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE WEBSITE OR THE SERVICES TRANSMITTING THE WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND, WITHOUT LIMITING ANYTHING SET OUT IN THESE TERMS OF USE, AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Indemnity and Release

(a) You agree to indemnify, defend and hold Simon, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these Terms of Use and/or Privacy Policy and/or any use by you of the Website, the Material, or any element or component thereof.

(b) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, Privacy Policy and/or any use by you of the Website. If you are a California resident, you expressly waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

User Information and Privacy

Disclosure and use of information obtained from users of the Website is subject to Simon’s Privacy Policy

General

These Terms of Use constitute the entire agreement between you and Simon and govern your use of the Website. The failure of Simon to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Access to the Material may not be legal by certain persons, or in certain countries. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information you obtain or acquire in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located.

These Terms of Use are governed by the internal substantive laws of the State of Indiana, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts in Indianapolis, IN. To the fullest extent permitted by applicable law, no claim under these Terms of Use may be joined to any other claim, including any legal proceeding involving any other current or former user of the Website, and no class action proceedings will be permitted.

Last Updated: August 8, 2013

© 2014 Simon Property Group, L.P. All rights reserved.

Privacy Policy

This Privacy Policy sets out the privacy practices of the mobile website located at m.simon.com(herein referred to as the "Website") which is owned and operated by Simon Property Group, L.P. and its affiliates and subsidiaries (collectively, “Simon”). Specifically, it outlines the types of information that Simon gathers about you while you are using the Website, and the ways in which Simon uses and shares this information. This Privacy Policy does not apply to any information you may provide to Simon, or that Simon may collect, offline and/or through other means (for example, at a live event or through the mail). As used herein, the words "user," "you" and "your" mean users of the Website and the words "we" and "our" means Simon.

Please read this Privacy Policy carefully. By visiting and using the Website, you agree that your use of the Website, and any dispute over Simon’s online privacy practices, is governed by this Privacy Policy and our Terms of Use Because the web is an evolving medium, Simon may need to change the Privacy Policy from time to time, in which case we will post the revised Privacy Policy on the Website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the Website after we post any such changes, you accept the Terms of Use & Privacy Policy as modified. If you do not agree to such changes, you should discontinue using the Website.

Collection and Use of Personally Identifiable Information

We do not collect any personally identifiable information about you on the Website (such as your name, address, mobile phone number or email address) unless you provide it.

You must provide personally identifiable information in order to use, or participate in, certain optional features of the Website, including, but not limited to, Simon Giftcard® purchases, retailer gift card purchases, gift card registrations, gift card balance checks, finding a nearby mall with the use of your latitude/longitude geo-coordinates that your mobile device or browser provides, using the free in-mall Wi-Fi network, e-mail alerts (aka the Mall Insider® program), signing up or using the Simon Rewards® loyalty program, mobile SMS alerts (aka the Mobile Shopper Club®), coupons, instant wins and sweepstakes. The manner in which we will use this information, if any, will be disclosed on the page through which you sign up for, or otherwise provide information to use, or participate in, the applicable feature. For the avoidance of doubt, we will not share or use your mobile number for any other purpose than to send you mobile SMS alerts, in accordance with carrier and Mobile Marketing Association (MMA) guidelines.

When you complete forms online or otherwise provide us information in connection with a program, you agree to provide accurate, complete and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate or incomplete, we may prohibit you from further participation in the applicable program and pursue any appropriate legal remedies.

Except as expressly set out in this Privacy Policy, or as disclosed when you sign up for, or otherwise provide information to use, or participate in, an optional feature on the Website, we will not disclose any personally identifiable information to a third party without your express prior authorization, nor will we use that information for any purpose other than to provide the applicable feature. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Collection and Use of Non-Personally Identifiable Information

In some cases, when you visit the Website, we and/or specific third parties authorized by Simon may collect and store non-personally identifiable (anonymous or “non-PII”) information about you which is generated automatically through your use of the Website, such as, but not limited to your IP address (a unique number that is automatically assigned to your computer whenever you are surfing the web), your MAC address (a unique number that is assigned to your network card by the manufacture), your browser type or your operating system and a randomly assigned, unique user identification number (UID). This information, by itself, cannot be used to identify you.

We use this information to create "aggregate data" reports that we may disclose to third parties, including entities with whom we have entered into an agreement to provide such information. We may also study aggregate data in order to enhance our existing services or develop new services and use non-personally identifiable information to enable Simon or a third party to provide you with information about products and services while you are using the Website.

Additionally, we may occasionally use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit the Website. These companies may use non-personally identifiable information about your visits to this Website and other web sites in order to provide advertisements about goods and services that may be of interest to you. If you would like more information about this practice and how to opt-out of receiving communications from these third-party advertising companies, please visit http://www.networkadvertising.org/choices/

We can and will use IP addresses and/or MAC addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect the Website, customers, or other individuals. We also reserve the right to use or disclose non-personally identifiable information in any manner we see fit in order to improve the Website.

USE OF BROWSER BASED COOKIES, HTML 5 STORAGE, WEB BEACONS AND DO NOT TRACK

Simon uses browser-based, HTTP web cookies, which are small text files placed on your computer's hard drive or mobile device’s on board storage and subsequently read as you visit a web site, as well as web beacons (also known as pixel tags), which are electronic images embedded into a web page, and HTML5 storage on the Website.

Web cookies and web beacons are commonly used for record keeping, to track your movements when you visit the Website and to help Simon and our authorized 3rd party analytics vendors to determine what type of information to present to you. The use of web cookies and web beacons is an industry standard practice used at most websites and can enhance a user’s experience on a website. Simon’s web cookies and web beacons do not contain personally identifiable information, and do not damage or alter your system files. Simon’s web cookies and/or 3rd party vendor web cookies utilizes persistent web cookies, which are web cookies that remain within your computer or mobile device over a period of time. Information from a web cookie may be collected and used in aggregate form or, alternatively, data may be collected into an individual profile or record. That individual record may either be unique but anonymous. Simon and/or it’s trusted 3rd party vendors may however use these profiles in a way for them to be linked with information that identifies you as an individual, typically for fraud detection purposes within gift card portions of the Website.

The first time you visit the Website, Simon assigns you a unique, anonymous ID, which is stored in the cookie file on your computer or mobile device. Although you can choose not to accept cookies through a setting on most browsers (which can also be set to notify you each time a cookie is set), if you choose to refuse cookies, you may not be able to use all of the features of the Website. In addition to Simon creating and placing a HTTP cookie on your computer or mobile device, trusted 3rd party vendors may also create a place HTTP cookies on your computer or mobile device as a result of visiting a simon.com website. These 3rd party vendors change from time to time, but typically include, but are not limited to, Google, DoubleClick, Quantcast, Marin Software, iGoDigital and MaxMind.

Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may transmit a “do not track” signal to certain websites and online services you visit. Simon does not honor Do Not Track settings. We may, however, as described above, use the information we collect to present you with content we believe may be of interest to you. If you do not agree with our policy not to honor Do Not Track, your only remedy is to immediately stop using the Website.

Retention of Information

Any information we collect may be retained for an indeterminate period of time.

Confidentiality and Security

Simon is committed to protecting the security of the information collected from users of the Website and has implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, it is not possible to guarantee the security or integrity of information disclosed online because no data transmission over the Internet is completely secure. In addition, Simon may use a third party service provider or providers to process credit card transactions and fulfill online orders, which service provider(s) may share information and credit card number with a ticket agent, a credit card processing company, an issuing bank, the card network issuer and/or a shipping/fulfillment company in order to complete an order.

We urge you to take every precaution to protect your personally identifiable information when you are on the Internet. If a password is used to help protect that information, it is your responsibility to keep your password confidential. If you are sharing a computer with anyone, we suggest you log out before leaving a site or service in order to protect subsequent users from gaining access to your information and decline to have your Internet browser remember your password.

Because no physical or electronic security is impenetrable, by using the Website or emailing information to Simon, you agree to assume all risk in connection with that information.

Links to Other Sites

The Website may contain links to third party websites. Please be aware that, when you click on such a link, you will leave the Website and are no longer subject to the terms of this Privacy Policy. Simon is not responsible for the privacy practices of other websites or third party service providers, and does not control, or endorse, the third party website or its privacy policy. This Privacy Policy also does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Simon’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Children's Privacy Statement

This section explains our practices with respect to the online collection and use of personally identifiable information from children under the age of 13, and provides important information regarding their rights under federal law with respect to such information.

  • The Website is not directed to children under the age of 13 and we do NOT knowingly collect personally identifiable information from children under the age of 13 as part of the Website, nor do we knowingly distribute such information to third parties.
  • We screen users who wish to provide personally identifiable information in order to prevent users under the age of 13 from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will take the appropriate steps to delete such information from our records.
  • We do NOT knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable information through the Website.
  • Because we do not collect any personally identifiable information from children under the age of 13 via the Website, we do NOT condition the participation of a child under 13 in the Website's online activities on providing personally identifiable information.

Changes to this Privacy Policy

All versions of the Privacy Policy are dated with the effective date of that version of the Privacy Policy (i.e., the date on which the applicable version of the Privacy Policy was posted to the Website). Simon’s use of information it learns about you will be governed by the most recent Privacy Policy in effect.

Disclosure Required By Law

Though we make every effort to preserve user privacy, we may need to disclose information, including, without limitation, personally identifiable information, as required by law, rule or regulation, and/or to comply with a judicial proceeding, court order, request by a governmental or law enforcement authority or other legal process. This disclosure may also include exchanging information with other companies and organizations for fraud protection and credit risk reduction, to report any suspected illegal activity to law enforcement for investigation or prosecution and/or in connection with legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) rights or property of Simon and/or the rights or property of any third party. We reserve the right to release information concerning any user of the Website when that user is in violation of our Terms of Use or other published guidelines or partakes (or is reasonably suspected of partaking) in any illegal activity.

If Simon sells assets (or the assets of a division or subsidiary) to another entity or if Simon is acquired by or merged with another entity, you agree that, without obtaining your consent, Simon may provide and transfer to such entity information about users of the Website, including your personal and non-personal information, that is related to that part of our business that was sold to or merged with the other entity. However, we will take steps to assure that any personally identifiable information is used in a manner consistent with the Privacy Policy under which it was collected.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our shoppers who are California residents to request and obtain from Simon once a year, free of charge, information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

Simon Property Group
Digital Marketing - 10th Floor
Laura Hale - Online Privacy Coordinator
225 West Washington Street
Indianapolis, IN 46204 USA

Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Also note that under California law, businesses are only required to respond to a shopper’s request once during any calendar year.

Simon shoppers who are under 18 years of age and live in California (“Minor Users”), under California SB 568 which is also known as the Eraser Button Law, have the right to request Simon to remove content that such Minor Users post on the Website (“Minor Posted Content”). Upon receipt of a fully completed removal request form Simon will use commercially reasonable efforts to remove Minor Posted Content from the Website. Any such request to remove Minor Posted Content does not ensure complete or comprehensive removal of the Minor Posted Content. Minor Users must complete the removal request form accurately and in its entirely in order for the request to be processed.

Questions

If you have any questions about this privacy policy, please contact:

Simon Property Group
Digital Marketing - 10th Floor
Laura Hale - Online Privacy Coordinator
225 West Washington Street
Indianapolis, IN 46204 USA

Last Updated: December 17, 2014

© 2014 Simon Property Group, L.P. All rights reserved.

Mobile Text Terms Of Use

These Mobile Text Terms of Use (“Mobile TOU”) govern your use of the Simon Mobile Shopper Club® (“Club”) provided by Simon Property Group, L.P. and its affiliates and subsidiaries (collectively, “Simon”). Please read this Mobile TOU carefully. By signing up for the Club you agree to this Mobile TOU, Simon’s onlinePRIVACY POLICY and Simon’s overall TERMS OF USE, as amended from time to time (together “Terms”). Before using the Club, please read these Terms carefully. Your access to, and use of, the Club represents your agreement to these Mobile TOU. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR SUBSCRIBE OR USE THE CLUB.

What's The Simon Mobile Shopper Club®?

The Simon Mobile Shopper Club® is a marketing program that sends its members great deals directly to their mobile phones, via SMS and/or MMS. As a Club member, you will get special retailer deals, insider news, access to on-mall events, ways to enter sweepstakes and instant win games and occasional fashion & style content.

Mobile Messaging Terms

When you provide us with your mobile phone number, you are expressly agreeing that Simon may send you text messages (including SMS and MMS) to that phone number. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service. You acknowledge that you are thirteen years of age or older and you have the consent of the wireless account holder. Simon will send you up to 5 messages per month. If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply.

Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to shortcode 74666 (SIMON). You agree to receive a final text message confirming your opt-out. For help, send a text message with the keyword HELP to 74666 (SIMON). Texts may be sent through an automatic telephone dialing system. Consent is not required as a condition of purchasing any goods or services. You agree to notify Simon of any changes to your mobile number and update your subscription with Simon to reflect this change.

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Sign Up For The Mobile Shopper Club

Sign up for the Simon Mobile Shopper Club to receive texts with great deals, events and insider information about your favorite mall. To opt in, text SMSC to 74666 (SIMON). You will receive a text from 74666 prompting you to reply with your favorite Simon Mall name. Once you’ve identified your preferred Simon Mall, we will send you a short text with the Simon Mobile Shopper Club terms and conditions. Reply “Y” to accept the terms and conditions and complete the opt-in process. Message & data rates may apply. Expect five (5) text messages per month. Alternatively, you can always sign up for the Simon Mobile Shopper Club® by going to the Mall Insider® page to register your mobile phone number.

Stop Receiving Promotional Text Messages

To stop receiving promotional text messages from any Simon® Mall or Mills® Mall, simply text STOP to 74666 (SIMON) or any of the other below five (5) opt-out trigger words. We will remove your mobile number from our subscriptions list. It's however important to note that this will not disable your ability to use Simon Malls other SMS response features. It will only remove you from our promotional text messaging subscriptions list (which is called the Mobile Shopper Club®). Message & data rates may apply.

  • STOP
  • END
  • QUIT
  • CANCEL
  • UNSUBSCRIBE

Note: None of these opt-out trigger words are case sensitive.
Alternatively, you can opt-out of receiving Simon Mobile Shopper Club® texts by either sending us an email with your mobile phone number to customercare@simon.com or by physical mail at:

Laura Hale
Online Privacy Coordinator
Simon Property Group – Digital Marketing Group
225 West Washington Street
Indianapolis, IN 46204
privacy@simon.com

Please allow up to 10 business days from when the email or physical mail request was received to process your removal.

Questions/Comments/Concerns

Please direct all comments, questions or concerns regarding the Simon Mobile Shopper Club® text messaging program to smschelp@simon.com or call our toll-free customer support line at 1-877-435-7850

Help Command

For help at any time, text HELP to 74666 (SIMON). This club is free from Simon® Malls, but message & data rates may apply.

Requirements

To take advantage of the Simon Mobile Shopper Club® text messaging program, you must have a text messaging-enabled mobile device with a text messaging plan.

Carriers Supported

The Simon Mobile Shopper Club® works with all major U.S. carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless & a host of other smaller regional carriers.

Simon reserves the right to modify these Mobile TOU by posting new versions on this website as well as the right to provide additional notice of significant changes. Your continued use of the Service following such changes constitutes your acceptance of those changes.

Last Updated: June 25, 2014

© 2014 Simon Property Group, L.P. All rights reserved.

Wi-Fi Terms of Use

These Wi-Fi Terms & Conditions Of Use (the "Wi-Fi Terms") together with the TERMS OF USE govern your use of the Simon Malls Wi-Fi service (the “Service”) provided by Simon Property Group, L.P. and its affiliates and subsidiaries (collectively, “SPG”).

SPG reserves the right to modify these Wi-Fi Terms by posting new versions on this website as well as the right to provide additional notice of significant changes. Your continued use of the Service following such changes constitutes your acceptance of those changes.

Before using the Service, please read these Wi-Fi Terms carefully. Your access to, and use of, the Service represents your agreement to these Wi-Fi Terms. IF YOU DO NOT AGREE WITH THESE WI-FI TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.

Terms & Conditions Of Use

Description of the Service

The Service provides you with wireless access to the Internet via certain SPG high-speed Internet access points located in certain shopping centers (including The Mills® type properties), outlet centers and community lifestyle centers owned, operated and/or managed by SPG. SPG does not, as an ordinary practice, proactively monitor the activities of those who use the Service or exercise any editorial control over any material transmitted, hosted or posted using the Service to ensure that users comply with these Wi-Fi Terms and/or the law, although it reserves the right to do so.

Service Suspension/Termination/Cancellation

SPG will not terminate, disconnect or suspend the Service because of the views expressed by a user of the Service on public policy matters, political issues or political campaigns. However, SPG may immediately terminate or suspend your access to all or a portion of the Service, without notice, for (i) conduct that SPG believes constitutes a violation of any law, rule, regulation or tariff (including, without limitation, copyright and intellectual property laws) and/or conduct that could expose SPG to sanctions, prosecution, civil action or other liability; (ii) a violation of these Wi-Fi Terms, or any applicable policies or guidelines; (iii) conduct that could cause harm to, or interfere with the integrity or normal operations of SPG’s network(s) or facilities and/or interfere with another person's use of the Service or the Internet, or (iv) conduct that could otherwise present a risk of harm to SPG or any third party. SPG may also terminate or suspend your access to the Service if you access the Service through the use of inappropriate means or methods, including, without limitation, by providing false or inaccurate information. If your access to the Service is suspended or terminated as set out herein, you must get written approval from SPG’s Abuse Team (outside of the normal ordering process) prior to accessing the Service in the future. In any case, SPG may, in its discretion, decline to reinstate your ability to access the Service. If SPG discovers that you have accessed the Service following termination as set out above without the prior written consent of SPG’s Abuse Team, it may terminate such access without further notice.

Modifications to the Service / Updates to these Wi-Fi Terms

SPG reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that SPG will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service and hereby release SPG from any and all damages, liabilities, costs and/or expenses of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such modification, suspension or discontinuance of the Service.

Operational Limits of the Service

Accessibility of the Service is subject to the availability and operational limitations of the requisite equipment and associated facilities. You acknowledge and agree that temporary interruptions of the Service may occur and that SPG will not be liable for such interruptions. You further acknowledge and agree that SPG has no control over third party networks that may be accessed by you during your use of the Service, and that delays and disruptions of other network transmissions are beyond SPG’s control. SPG will not be liable for any failure of performance due to any cause beyond SPG’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or any equipment used by you to access and/or use the Service.

Registration/Customer Information

SPG requires all users of the Service to provide certain personal information in order to access the Service. All information provided by you to SPG must be accurate and complete, including your name, email address or mobile phone number. You are also responsible for the actions of others who access or use the Service under your name and associated contact information.

In order for SPG to provide the Service to its shoppers, certain data may be collected from any Wi-Fi enabled device that is turned on, with it's Wi-Fi radio set to look for available wireless networks that comes into contact with the SPG Wi-Fi network (regardless whether or not the device successfully connects and/or authenticates onto the network). Such data that SPG and its Third Party Providers may collect will include: MAC address, date/time stamp, wireless access point / VLAN location (which can be associated with an actual physical location), device operating system, radio channel, radio signal strength and radio band. This data may be retained indefinitely by SPG and its Third Party Providers, and may be used for internal and analytical purposes.

Third Party Content Disclaimer/ Links to Third Party Sites

Materials provided by Third Party Providers (as defined below) have not been independently authenticated, in whole or in part, by SPG nor does SPG provide, sell, license, or lease any Materials other than as expressly set out in these Wi-Fi Terms, or in SPG’s general TERMS OF USE

General Use Restrictions

The Service is provided on a non-exclusive basis solely for your use (unless otherwise specifically stated in these Wi-Fi Terms) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Service, or any portion thereof. You have no right to sublicense, assign or transfer your right to access or use the Service.

All information, documents, products, and software (the "Materials") provided as part of, or in connection with, the Service were provided by or to SPG by their respective manufacturers, authors, developers, licensees and vendors (the "Third Party Providers") and all right, title and interest therein (including, without limitation, copyright) are the property of SPG and/or the applicable Third Party Providers. Except as expressly stated in these Wi-Fi Terms, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of SPG or the applicable Third Party Provider(s), and no license of any intellectual property right in any such Materials is granted through access to, or use of, the Service, whether by estoppel, implication, or otherwise. You are also prohibited from "mirroring" any Material provided with the Service on any other server absent SPG’s express prior written permission in each instance. In addition to violating these Wi-Fi Terms, unauthorized use of any Materials provided with or through the Service may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

Without limiting anything set out elsewhere in these Wi-Fi Terms, any failure by you to adhere to the rules, guidelines or agreements governing the use of any search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services to which you have access through the Service will be deemed a violation of these Wi-Fi Terms.

The Service shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to SPG’s network or to the network of any other IP service provider. You shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.

SPG has a zero tolerance policy regarding use of the Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use the Service to harm or intimidate a minor. SPG complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of these Wi-Fi Terms and SPG reserves the right to seek damages and other available relief against you, as applicable. Examples of such violations include, but are not limited to, the following activities:

  • sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient);
  • using another site's mail server to relay mail without the express permission of the site;
  • using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
  • using IP addresses that you do not have a right to use;
  • collecting the responses from unsolicited electronic messages;
  • maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
  • spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;
  • sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Service or the Internet (e.g., through language, frequency, size or otherwise);
  • sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
  • using distribution lists containing addresses that include those who have opted out;
  • sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
  • forging headers or identifiers in order to disguise the origin of e-mail;
  • use of redirect links in unsolicited commercial e-mail to advertise a website or service;
  • posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
  • posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information;
  • sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the SPG network or of the networks with which SPG interconnects;
  • intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
  • knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; and
  • using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate these Wi-Fi Terms or the terms of use of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
  • sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient);
  • using another site's mail server to relay mail without the express permission of the site;
  • using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
  • using IP addresses that you do not have a right to use;
  • collecting the responses from unsolicited electronic messages;
  • maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
  • spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;
  • sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Service or the Internet (e.g., through language, frequency, size or otherwise);
  • sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
  • using distribution lists containing addresses that include those who have opted out;
  • sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
  • forging headers or identifiers in order to disguise the origin of e-mail;
  • use of redirect links in unsolicited commercial e-mail to advertise a website or service;
  • posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
  • posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information;
  • sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the SPG network or of the networks with which SPG interconnects;
  • intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
  • knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; and
  • using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate these Wi-Fi Terms or the terms of use of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Because spam-related damages are often difficult to quantify, in those cases where the actual damages cannot be reasonably calculated, SPG reserves the right to seek from you liquidated damages in the amount of five dollars (USD $5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account, in addition to any other rights and remedies SPG may have in contract, law and equity.

The Service may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of SPG’s or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of violations of system or network security include but are not limited to:

  • intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
  • hacking - attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
  • impersonating others in order to obtain another user's account password or other personal information;
  • using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;
  • using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
  • distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
  • unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;
  • falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
  • knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • engaging in the transmission of pirated software;
  • with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the Service or using your account for the purpose of operating a server of any type;
  • using manual or electronic means to avoid any use limitations placed on the Service;
  • gaining unauthorized access to private networks; and
  • iolating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Service.

Submissions

Unless otherwise explicitly stated in these Wi-Fi Terms, any content provided by you in connection with your access to, or use of, the Service shall be deemed to be provided on a non-proprietary and non-confidential basis. SPG shall have no obligation of any kind with respect to such content and shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the content that you submit, and you, not SPG, have full responsibility for such content, including their legality, reliability, appropriateness and originality.

Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITY STATED IN THESE TERMS, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS" "AS AVAILABLE”, AND ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SPG MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, OR ANY OF MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AS SPG DOES NOT AUTHORIZE ANYONE TO MAKE A REPRESENTATION OR WARRANTY ON SPG’S BEHALF, YOU MAY NOT RELY ON ANY REPRESENTATION OR WARRANTY BY A THIRD PARTY AS A REPRESENTATION OR WARRANTY OF SPG.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPG, ANY THIRD PARTY PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND/OR THE MATERIALS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SPG OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, SPG’S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO SPG BY YOU FOR USE OF THE SERVICE.

Indemnity

You agree to indemnify, defend and hold SPG, Third Party Providers and its and their agents, suppliers, licensees, successors or assigns and its and their officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service or the Materials; (c) your breach or alleged breach of these Wi-Fi Terms; and/or (d) your violation of the rights of any third party. Without limiting anything set out in these Wi-Fi Terms, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connection with these Wi-Fi Terms and/or any use by you of the Service. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Liability of Customer

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST SPG AND/OR ANY THIRD PARTY PROVIDER FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.

Local Laws; Export Control

SPG controls and operates the Service from the United States and makes no representations or warranties that the Materials or the Service are appropriate or available for use in other locations. If you access/use the Service or the Materials from other locations, you agree to assume sole responsibility for compliance with applicable local laws, including but not limited to, the export and import regulations of other countries, and acknowledge that access to the Services and/or the Material may not be legal by certain persons, or in certain countries. Unless otherwise explicitly stated, any marketing or promotional materials provided with or through the Materials or the Service are solely directed to individuals, companies or other entities located in the United States. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations and that diversion of such Materials contrary to U.S. law is prohibited. You further agree that none of the Materials, nor any direct product derived therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from SPG, and you must comply with the list, as it may be amended from time to time. By accessing and using the Service, you certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to strictly comply with all applicable export laws, restrictions and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of, any product, technology or information you obtain or acquire in connection with the Service in violation of any such laws, restrictions or regulations.

U.S. Government Rights

Materials are provided with the following restrictions: use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of SPG’s and/or the applicable Third Party Provider's proprietary rights in them.

General

SPG’s decisions with respect to interpretation of these Wi-Fi Terms and appropriate remedial actions are final and determined by SPG in its sole discretion. Without limiting anything set out elsewhere in these Wi-Fi Terms, SPG may refer potential violations of law(s) to the proper authorities, 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 safety is at stake. SPG assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.

These Terms constitute the entire agreement between you and SPG with respect to your access to, and use of, the Service. The failure of SPG to exercise or enforce any right or provision of these Wi-Fi Terms shall not constitute a waiver of such right or provision. If any provision of these Wi-Fi Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Wi-Fi Terms, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of the Service or these Wi-Fi Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Wi-Fi Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms are governed by the internal substantive laws of the State of Indiana, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Wi-Fi Terms shall lie exclusively with the state or federal courts in Indianapolis, IN USA. To the fullest extent permitted by applicable law, no claim under these Wi-Fi Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Application, and no class action proceedings will be permitted.

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of these Wi-Fi Terms should be directed to issues@simon.com. Where possible, include details that would assist SPG in investigating and resolving such complaint (i.e. expanded headers and a copy of the offending transmission).

Last Updated: September 27, 2013

© 2014 Simon Property Group, L.P. All rights reserved.

Copyright © 1999-2014 Simon Property Group, L.P. All Rights Reserved. By continuing past this page and/or using this site, you agree to abide by the Terms of Use for this site, which prohibit commercial use of any information on this site. View our Privacy Policy / Your California Privacy Rights or Mobile Text Terms of Use.