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Acceptance" of Terms
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.
Copyright and Other Restrictions On Use of the Website
(a)Authorization of Use and General Prohibited Uses.
(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.
(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:
Simon Property Group
Digital Marketing Group – 10th Floor
225 West Washington Street
Indianapolis, IN 46204 USA
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.
Disclaimer of Liability
(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.
Indemnity and Release
User Information and Privacy
Last Updated: August 8, 2013
© 2015 Simon Property Group, L.P. All rights reserved.
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.
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/
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.
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
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.
Disclosure Required By Law
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.
Last Updated: December 17, 2014
© 2015 Simon Property Group, L.P. All rights reserved.
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.
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 firstname.lastname@example.org or by physical mail at:
Online Privacy Coordinator
Simon Property Group – Digital Marketing Group
225 West Washington Street
Indianapolis, IN 46204
Please allow up to 10 business days from when the email or physical mail request was received to process your removal.
Please direct all comments, questions or concerns regarding the Simon Mobile Shopper Club® text messaging program to email@example.com or call our toll-free customer support line at 1-877-435-7850
For help at any time, text HELP to 74666 (SIMON). This club is free from Simon® Malls, but message & data rates may apply.
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.
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
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
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.
Your access to the Service is completely at the discretion of SPG and your access and use of the Service may be prevented, blocked, suspended, or terminated any time for any reason by SPG including, but not limited to, service disruptions, maintenance of the Service, your violation of this Agreement, your actions that may lead to liability for SPGs, or your violation of applicable laws or regulations.
You acknowledge and agree that the Service is not secure; that SPG has no responsibility to secure the Service, and that your use of the 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 Service. Anti-virus and security protection are your sole responsibility.
You take full responsibility for your use of the Service and the Internet. SPG, including its employees and personnel, shall not be responsible for any minor's use of the Service. Parents or guardians are solely responsible for restricting and monitoring their minors' access or use of the Internet through the Service. You shall respect all copyright laws and licensing agreements pertaining to software, music and other resources obtained or accessed via the Internet.
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.
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
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:
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:
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.
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.
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.
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.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of these Wi-Fi Terms should be directed to Simon's contact us form. 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: February 18, 2015
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